Hiltsley v. Ryder

I concur with the majority’s remand to join the estate of Etta Wood. However, I do not believe it goes far enough in providing the trial court guidance on remand. It is true that the estate of Etta Wood was not represented below. However, at oral argument, there was some indication that Mrs. Hiltsley had been appointed as a representative of the Etta Wood estate or that she had attempted to join the estate of Etta Wood in the instant lawsuit. Thus, there is no question in my mind that after this appeal is disposed of, the question of a constructive trust will rear its head in a new action by…