Supreme Court of Delaware

Archibald W. Lingo, Plaintiff Below, Appellant v. Dinah H. Lingo, Defendant Below, Appellee

June 24, 20103 A.3d 241

Summary

The Supreme Court affirmed the Court of Chancery’s order requiring Dinah Lingo to return funds she misappropriated while acting as her mother’s attorney-in-fact. The court held that restitution and disgorgement adequately redressed the fiduciary breach and that equitable forfeiture of Dinah’s inheritance would improperly conflict with Eleanor Lingo’s valid testamentary intent. No separate opinions were issued.