In Re Eleanor R. Duns

Jennifer Nicole Sawday

Case Conclusion Date:December 22, 2009

Practice Area:Trusts

Outcome:We reached verdict in our client's favor

Description:Case involved two trusts. One trust was done by decedent when she was alive and well giving her entire estate to her younger sister, our client. Later after decedent became incapacitated, her former step-son had another trust done giving him her entire estate at the exclusion of the sister, our client. Since decedent was very elderly at the time of the second trust's creation and our client had already taken over as successor trustee of the first trust -- decedent's capacity was clearly at issue. We filed two petitions to have the second trust invalidated and all property wrongfully taken from the first trust restored to the first trust. After a trial spanning over 3 weeks due to the court's schedule, we reached a bench verdict invalidating the second trust and restoring the real property ownership back to the original trust.

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