DELUCA v. JORDAN; GENEALOGY RESEARCH CORPORATION

No. 00-P-1545.

57 Mass. App. Ct. 126 (2003)

PAUL DELUCA v. ROBERT J. JORDAN, administrator; GENEALOGY RESEARCH CORPORATION & another, third-party defendants.

Court of Appeals of Massachusetts, Suffolk.

January 15, 2003.


Attorney(s) appearing for the Case

Thomas P. Collins for Robert J. Jordan.

Herbert D. Lewis for Alan L. Lewis.

Arnold E. Cohen for the plaintiff.

Present: BECK, BERRY, & MCHUGH, JJ.


BERRY, J.

Robert Jordan, a lawyer appointed by the Probate Court as administrator of the estate of Amadeo DeLuca (De-Luca), appeals from an amended judgment reopening his final fiduciary account due to constructive fraud, and surcharging him for monies that Jordan had accounted for as paid to one of the two heirs at law, Paul DeLuca (Paul). The basis for the surcharge was that Jordan breached his fiduciary duties when, confronted with obvious discrepancies calling...

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