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IN RE ESTATE OF CUMMIN

Docket No. 253594.

706 N.W.2d 34 (2005)

267 Mich. App. 700

In re ESTATE OF June Louisa CUMMIN, Deceased. Edward Murphy, Personal Representative of the Estate of June Louisa Cummin, Deceased, Petitioner-Appellee, v. Beth A. Hegyi, Respondent-Appellant.

Court of Appeals of Michigan.

Decided August 23, 2005, at 9:00 a.m.

Released for Publication November 10, 2005.

Attorney(s) appearing for the Case

Currie Kendall, P.L.C. (by R. Drummond Black), Midland, for Edward Murphy.

Robert J. Rhead, P.C. (by Robert J. Rhead), Midland, for Beth A. Hegyi.

Before: HOEKSTRA, P.J., and JANSEN and KIRSTEN FRANK KELLY, JJ.

PER CURIAM.

Respondent appeals as of right the probate court's order "that the proceeds of the sale of decedent's real property by respondent are subject to a constructive trust for the benefit of decedent's estate." The probate court concluded that respondent, decedent's daughter,1 breached her common-law fiduciary duty to decedent when, as attorney-in-fact, she conveyed decedent's real property to herself at a time when decedent, who...

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