This proceeding involved claims for constructive trusts by the daughter-in-law of a Greek immigrant couple, based on promises alleged to have been made over 30 years ago. The defendant, the executor of the mother’s estate, counterclaimed for sums arising from rent and trust distributions it was alleged had been improperly withheld.
The court held that the case for the constructive trust was not made out, and the claim was dismissed. Limited relief given on the counterclaim.
Damian Clothier QC and Stewart Webster appeared for the defendant, instructed by Cooper Grace Ward.
The judgment can be read by clicking here
