Conte v. Pilsch

By Judge Jane Marum Roush

This matter came on for trial on December 10, 2009. At that time, the Court took the matter under advisement. I have now had the opportunity fully to consider the pleadings and the applicable law. For the reasons stated below, judgment will be entered in favor of the plaintiff against the defendant in the amount of $5,000.

Background

Stephen Conte is the executor of the estate of his aunt, Evelyn Taylor Pilsch (“Evelyn”). Evelyn died on June 2,2008, at the age of 97. In her will, Evelyn made the following bequest:

To Thomas E. Pilsch, if he survives me, five thousand…