Cickyj v. Skeltinska

This is an appeal from orders of the trial court which (1) granted defendant’s motion to strike and dismiss plaintiffs’ amended complaint for constructive trust, and (2) denied plaintiffs’ motion for rehearing. We affirm.

The issues presented for review are: (1) whether the words “It is my wish and desire” in decedent’s will are mandatory or precatory; (2) whether the amended complaint alleges the elements necessary to establish a constructive trust; and (3) whether res judicata or collateral estoppel is applicable.

Fred Theodore Chisby died testate on December 27, 1975. Paragraphs 2, 3 and 4…