Menard v. Gaskell

Opinion

DiPENTIMA, J.

The dispositive issue in this probate appeal is whether the trial court abused its discretion in refusing to impose a constructive trust on the decedent’s estate. The court concluded that the disposition of the estate of the decedent’s late husband, more than ten years before her death, did not give rise to a constructive trust on the decedent’s estate in favor of the plaintiff, George J. Menard, the son of the decedent’s late husband. We conclude that the court properly exercised its discretion and, therefore, affirm the judgment.1

The following evidence presented to the…