Supreme Court of Rhode Island
Leo Connor v. Mary Schlemmer in Re Estate of Kathleen T. Connor
June 7, 20102010 R.I. LEXIS 74
Summary
The Rhode Island Supreme Court affirmed the trial justice’s decisions in both the declaratory‑judgment action and the probate‑court appeal concerning the estate of Kathleen T. Connor. It held that the trial justice correctly applied the legal standard for a constructive trust and found no fraud or undue influence, and that the trial justice properly exercised discretion in granting a new trial on the will‑capacity issue. The Court remanded the declaratory‑judgment case to the Superior Court and the probate case for a new trial.