GEDULDIG v. POSNER

No. 497, Sept. Term, 1999.

743 A.2d 247 (1999)

129 Md. App. 490

Judith A. GEDULDIG, et al. v. David B. POSNER, et al.

Court of Special Appeals of Maryland.

December 29, 1999.


Attorney(s) appearing for the Case

Kurt J. Fischer (Shale D. Stiller, Brett Ingerman and Piper & Marbury L.L.P. on the brief), Baltimore, for appellants.

Peter E. Keith (Gallagher, Evelius & Jones, LLP, Baltimore, E. Pete Summerfield, Alan H. Silverberg and Summerfield, Willen, Silverberg & Limsky, P.A., Owings Mills, on the brief), for appellees.

Argued before SALMON, EYLER, and SONNER, JJ.


EYLER, Judge.

In these two consolidated actions, based on claims of undue influence and fraud, claimants seek to (1) set aside a will and a revocable trust, (2) impose a constructive trust, and (3) be awarded compensatory and punitive damages. The question is whether the evidence is legally sufficient to create a fact question and thereby avoid summary judgment in favor of the defendants. We answer that question in the affirmative and, consequently, reverse the judgment...

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