01-2826 The Estate of Lucille A. Salwey v. Klein, et al.

By: dmc-admin//April 15, 2002//

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Connie Klein appeals from a judgment in favor of the estate of Lucille A. Salwey, by Chippewa County Family Services, Inc., her special administrator (hereafter, the estate). The judgment requires Klein to pay the estate $90,707 plus costs and imposes a constructive trust on Klein’s home to ensure payment of the funds. The trial court determined that Salwey’s gift of $80,000 and other payments to Klein were made as the result of Klein’s undue influence and that Klein violated her fiduciary duty to Salwey. On appeal, Klein argues that the court’s determinations are erroneous.

We affirm the judgment.

Not recommended for publication in the official reports.

Dist III, Buffalo County, Morey, J., Cane, C.J.

Attorneys:

For Appellant: Julie A. Smith, Menomonie

For Respondent: Phillip M. Steans, Menomonie

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