Duncan Ex Rel. Will of Duncan v. Investors Diversified Services, Inc.

The single issue presented in this case is whether or not the respondent Mary Hudson Duncan Sellers should be denied the money benefits derived from what is commonly known as a Keogh retirement plan. The trial judge concluded respondent was entitled to the benefits. We affirm and adopt the trial Judge’s order as modified.

Appellant, executor and son of the deceased Dr. William F. Duncan, Sr., who established the Keogh plan, seeks to have the benefits from the Plan placed in the Estate. He contends Sellers is barred from receiving benefits on the grounds of unclean hands and public policy. We…