Abbate v. Nolan

McCAIN, Judge.

Appellant-defendant appeals entry of summary final judgment. We reverse.

Appellee, as administratrix of her husband’s estate, sued appellant in fraud and deceit alleging the obtaining of monies from deceased by willful misrepresentations, to which appellant filed a general denial.

Appellee’s motion for summary judgment was supported by a copy of the deceased’s affidavit prepared while he was alive and filed in a different suit. Appellant’s deposition was taken but he refused to testify on grounds that it might tend to be incriminating.

The summary judgment reads in part as follows:

“…