Minderman v. Perry

(dissenting) :

I must respectfully register my dissent to the decision of the majority. This Court held that Margaret was not entitled to any equitable relief either in her capacity as administratrix of Ted’s estate, or individually. I disagree with the result of the majority, and also take exception to the reasons urged by the majority to support that result.

In my view Margaret is entitled to have a constructive trust imposed for her benefit in her individual capacity as promisee to the separation agreement. Both the guiding principles of contract law and the equities presented by the facts…