Staples v. King

GODFREY, Justice.

Plaintiff Elizabeth H. Staples appeals from an order of the Probate Court dismissing her complaint. Mrs. Staples had petitioned the Probate Court to declare void certain revocable inter vivos trusts that her husband, Joseph L. Staples, had created shortly before he died intestate. On appeal Mrs. Staples contends that the Probate Judge erred as a matter of law in concluding that her complaint failed to state a claim upon which relief could be granted and that the Probate Court lacked jurisdiction to impose a constructive trust on the defendants. We sustain the appeal.

Mr.…