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Wiggin and Dana Obtains Partial Summary Judgement of Constructive Trust Claim

July 28, 2023

Led by Chambers recognized partner Steven Malech, partner Michael Kenny, associate Chloe Booth and paralegal Diana Dieciedue, Wiggin and Danaโ€™s Fiduciary and Probate Litigation team recently obtained partial summary judgment in favor of our clients in a dispute pending in the Surrogateโ€™s Court.

The dispute involves claims by an elderly coupleโ€™s former daughter-in-law against their respective estates that she was the rightful owner of the coupleโ€™s valuable vacation property and was otherwise entitled to significant sums of money for improving, maintaining and operating the property. 

The Wiggin team previously won an appellate victory dismissing the daughter-in-lawโ€™s ownership claim and has now won a judgment with respect to virtually all of the monetary claims.  The remaining issue deals with a relatively modest sum of money that will likely be resolved by way of a trial in the coming months. 

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