Day v. Estate of Wiswall

JENNINGS, Justice.

Plaintiff-appellant brought suit against the executors and beneficiaries of her stepmother’s estate to declare that portions of that estate and certain other property be held in constructive trust for the benefit of the plaintiff. Motions were made by two of the defendants-appellees to dismiss the amended complaint. The superior court granted judgment dismissing the complaint with prejudice and without leave to amend. At the hearing preceding the judgment, matters outside the pleadings were considered, and the judgment will be treated as a summary judgment under Rules 12(b)…