Michael Zani v. Medora Zani

Summary

The court held that the Superior Court lacked jurisdiction over the Zanis’ challenge to their mother’s testamentary capacity because the claim was, in substance, a will contest within the Probate Court’s exclusive jurisdiction. It vacated the judgment on that claim and remanded for dismissal, while explaining that the related constructive-trust remedy could remain available insofar as it supported a separate pending tort claim. The court affirmed summary judgment on the fraud claim because the Zanis offered no evidence that they relied on the witness’s attestation or that she intended to induce their reliance.