Legal Opinion

Johnson v. Estate of McCarthy

Superior Court of Rhode Island

Decided January 28, 2010No. C.A. No. PP/08-3216Published

1Opinion of the Court

DECISION

This probate appeal was tried de novo to the Court, without a jury, and relates to a dispute over the ownership and possession of a certain diamond ring. The ring currently is in the possession and control of Defendant Ruth McCarthy (the "Defendant"). The Plaintiff, Barbara Ramirez Johnson (the "Plaintiff"), maintains that she owns the ring, and that by virtue of a written agreement with Defendant's deceased husband, Raymond D. McCarthy (Mr. McCarthy), she was entitled to possession of the ring upon his death. The claim filed in the probate court reflects this contention. The…

2Cases cited6 opinions

  1. Baker v. SyfrittSupreme Court of Iowa · 1910
  2. Filippi v. FilippiSupreme Court of Rhode Island · 2003
  3. Bergman v. OrnbaunCalifornia Court of Appeal · 1939
  4. Wyatt v. MoranSupreme Court of Rhode Island · 1954
  5. Church of Jesus Christ of Latter Day Saints v. ScarboroughCourt of Appeals for the Tenth Circuit · 1951

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