Rockhill v. Farrell

DONIELSON, Judge.

Eugene Farrell, Sr. died intestate on March 17, 1986. Eugene died single but left eight children surviving him from a prior marriage. Plaintiffs and defendants are the eight children of Eugene Farrell, Sr.

Eugene Sr.’s estate consisted, in part, of an IPERS pension fund with Eugene C. Farrell, Jr. designated as the sole primary beneficiary. Plaintiffs filed this declaratory judgment action seeking to impose a constructive trust on the IPERS proceeds in favor of all of the children. Plaintiffs argued it was the intention of Eugene Sr. that Eugene Jr. distribute the proceeds to…