Monday, November 11, 2013

In re Estate of Fournier case brief

In re Estate of Fournier case brief summary
902 A.2d 852 (2006)

The Aroostook County Probate Court (Maine) entered a judgment that denied appellant prospective beneficiary's action seeking a declaration that she was the beneficiary of an oral trust created by her late brother. The prospective beneficiary appealed.


  • The settlor, the late brother of the prospective beneficiary, gave money to a couple and told them that the money was to be held by them and given to the prospective beneficiary upon his death. 
  • After he died, the couple gave the money to her. 
  • Another sister of the settlor claimed that the settlor meant that the prospective beneficiary was to take the money as the estate's personal representative. 
  • The probate court agreed and entered judgment denying the prospective beneficiary's declaratory judgment action. 
On appeal, the state supreme court found that an oral trust had been created for her benefit and, thus, the money passed to her as a beneficiary.


The state supreme court vacated the probate court's judgment and ordered that the case be remanded to the probate court for entry of a judgment on favor of the prospective beneficiary.

Suggested Study Aids For Wills, Trusts & Estate Law

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