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The court found the defendant held joint-account proceeds in trust for the estate, holding the presumption of resulting trust was not rebutted.
The court held that the plaintiff’s pleadings and affidavit put his mental state in issue, so solicitor-client privilege was impliedly waived for the relevant retainer period.
The court held the matter unsuitable for summary disposition under Rule 18A because key disputes about capacity and gift intention required a trial.
Court found Duguid mentally competent in 1990 and on December 15, 1994; relationships with Dorothy LeDrew and Marlene Bird were of the type to trigger a presumption of undue influence but that presumption was rebutted by contemporaneous lawyer evidence, witness testimony, medical and institutional records and Duguid's demonstrated understanding and consent; therefore the wills and deeds were not set aside and the action was dismissed.
Source excerpt
The court approved a gratuitous joint-trustee arrangement for a disputed bequest, declined to award costs, and barred payment of counsel fees absent further order.
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