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$________ JUDGMENT – Undue influence – Conversion – Plaintiffs alleged that defendant exercised undue influence to acquire the decedent's funds improperly – Return of funds

Essex County, MA

In this conversion matter, the plaintiffs allege that the defendant wrongfully converted monies from the decedent’s estate by exercising undue influence over her, and thereby, depriving the estate of assets. The defendant denied the allegations, and disputed the plaintiffs’ claims.

The plaintiffs allege that the defendant ingratiated himself to the elderly decedent in the days prior to her death. There was some evidence that the defendant’s father and the decedent had dated at some point. The evidence disclosed that just prior to her death, the defendant allegedly convinced the decedent to change her will to so that the defendant would be the sole beneficiary of the decedent’s estate. In addition, the plaintiffs contended that the defendant forged several checks belonging to the decedent after the decedent’s death, and converted those funds to his own personal use. The plaintiffs sought to have the will set aside and the funds returned to the plaintiffs. The plaintiffs contended that the defendant converted a total of $________ to his own use after the decedent’s death by forging her name on checks.

The defendant denied the allegations and maintained that he had befriended the decedent and maintained that he exercised no undue influence over her in to cause her to change the terms of her will. He also denied the allegations of conversion.

The matter proceeded by way of summary judgment brought by the plaintiffs. The court granted the plaintiffs’ motion for summary judgment in the amount of $________, and then awarded the additional sum of $________ on the conversion count for a total award of $________ to the plaintiffs.

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