Plunkett v. Plunkett

BY JUDGE MICHAEL S. IRVINE

This matter came to be heard on the 13 th day of August, 2004, upon the Bill of Complaint filed by the children of Carroll H. “Pete” Plunkett, deceased, asking this Court to impose a constructive trust on all “separate property of the decedent” in the possession, custody, or control of his widow, the defendant, and to order that such property be conveyed to the Plaintiffs outright, free of trust.

The issue presented to the Court is whether Pete Plunkett’s will, which leaves all of his marital and separate property to his wife Linda Plunkett, fails to conform to a…