Executors of the Estate of Peck v. Peck

LARSON, Justice.

Beverly Peck died during the pendency of the dissolution ease between Beverly and her husband, Ronald. The court dismissed the dissolution action, without a decree, on the ground it was abated by Beverly’s death. The estate moved to reopen the dissolution case, but the motion was denied, and the estate’s appeal of that order was ultimately dismissed.

Beverly’s estate then filed this action to impose a constructive trust on Ronald’s assets, claiming he was unjustly enriched by Beverly’s death prior to the entry of a dissolution decree. The district court granted summary judgment…