29 May 2009
COBURN AND ANOR V CROCKER HC CHCH CIV-2008-409-000953
- Citation
- openlaw-62729418_1a97_4c9b_824b_fad9d13bada6.pdf
- Court
- High Court
The court found on the balance of credible evidence that the estate was not distributed in 1975 and the Brockworth sale proceeds were held on trust for the beneficiaries under Thomas's will; the plaintiffs were not estopped by delay or laches from enforcing their equitable rights; the proper quantum after adjustments is 9/13 of the adjusted trust fund equal to $69,481.82 and that no deduction should be made for Ivan's mortgage payment or the lifetime gifts from Harold to the defendant.