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Keywords

defendantdepositiontestimonysummary judgmentfiduciarytrustwill
plaintiffdepositionappealtrialtestimonysummary judgmentprobatewillappellant

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Dauray v. Mee, 109 A.3d 832

Facts

Mary Lou Dauray, the niece of decedent Gabrielle D. Mee, initiated three separate legal actions regarding the validity of Gabrielle's will, gifts made to charity, and alleged breaches of fiduciary duties by the trustee. The Superior Court consolidated these actions and granted summary judgment for the defendants, stating that Dauray lacked standing. Dauray's claims were based on allegations of undue influence and fraud regarding the will and the distribution of estate assets, but the court found that she had disavowed any personal interest in the estate.

A review of the record in each case, including deposition testimony submitted at summary judgment, reveals the following facts.

Issue

Did Mary Lou Dauray have standing to contest the validity of her aunt's will and to seek recovery of gifts made to charity?

On appeal, Dauray contends that the trial justice erred in determining that she did not have standing to contest the 2000 Will as the product of undue influence and fraud.

Rule

To have standing, a party must demonstrate that they have suffered an injury in fact, which is a concrete and particularized invasion of a legally protected interest.

To determine whether a plaintiff has standing to sue, the court must focus ‘on the party who is advancing the claim rather than on the issue the party seeks to have adjudicated.’

Analysis

The court analyzed Dauray's claims and determined that she failed to show any injury in fact that would grant her standing. Dauray's own deposition testimony indicated that she did not seek to recover assets for herself but rather wanted to ensure the estate was distributed according to her aunt's intentions. Furthermore, the court found that the residuary clause of the 1991 will would not lapse, thus negating any potential for intestacy that would grant Dauray standing as an heir-at-law.

However, were this Court to adopt Dauray's premise on standing—that the 1991 Will controls the distribution of her estate due to undue influence and fraud—Dauray still lacks standing to pursue this action because there simply is no legitimate path to partial intestacy.

Conclusion

The Supreme Court affirmed the Superior Court's decision in part, holding that Dauray lacked standing to contest the will and recover gifts, but vacated the order requiring her to pay the defendants' legal fees.

Accordingly, Dauray has failed to produce evidence demonstrating that the residuary clause of the 1991 Will would lapse resulting in distribution under the laws of intestacy.

Who won?

The defendants, including the Legion of Christ and Bank of America, prevailed because the court found that Dauray lacked standing to bring her claims.

The Supreme Court, Goldberg, J., held that: 1 No evidence existed to demonstrate that residuary clause of 1991 will would lapse and result in distribution under the laws of intestacy, as required for decedent's niece to have standing to challenge will based on allegations of undue influence and fraud as a probate appellant and heir-at-law.

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