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SCHOCK v. NASH

No. 374, 1998.

732 A.2d 217 (1999)

Irma SCHOCK, individually and as Guardian of the property of Anna Dever; Woldemar Schock, Amelia N. Schock and Angelina Minutola, Defendants-Below, Appellants, v. James V. NASH, Administrator with the Will annexed of the Estate of Anna M. Dever; and Thomas Jefferson University, Plaintiffs-Below, Appellees.

Supreme Court of Delaware.

Decided: June 16, 1999.

Rehearing Denied July 16, 1999.

Attorney(s) appearing for the Case

Victor F. Battaglia (Argued), and Philip B. Bartoshesky, Biggs & Battaglia, Wilmington, for Irma Schock.

Thomas Herlihy, III, Herlihy Harker & Kavanaugh, Wilmington, for Woldemar Schock, Amelia N. Schock and Angelina Minutola.

Charles E. Butler, Smith Katzenstein & Furlow, Wilmington, and Thomas H. Suddath, Jr. (Argued), Montgomery, McCracken, Walker & Rhoads, Philadelphia PA, for Thomas Jefferson University and James V. Nash.

Before VEASEY, Chief Justice, WALSH, HOLLAND, HARTNETT and BERGER, Justices (constituting the Court en Banc).

HARTNETT, Justice.

In this appeal, we affirm the Court of Chancery's decision, after trial, that imposed a constructive trust and awarded restitution as to certain property of Anna M. Dever. The Court of Chancery found that the evidence was not sufficient to show that Ms. Dever intended that the durable power of attorney she executed authorized Irma Schock, the named attorney-in-fact, to make gratuitous transfers of Ms. Dever...

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