[Download] "Charlotte Adams v. John J. Jankouskas" by Supreme Court of Delaware * Book PDF Kindle ePub Free
eBook details
- Title: Charlotte Adams v. John J. Jankouskas
- Author : Supreme Court of Delaware
- Release Date : January 15, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
MOORE, Justice: In this appeal we face certain unique questions of Delaware law arising from a post-trial decision of the Court of Chancery imposing either a constructive or resulting trust on half of the assets, claimed to be part of the estate of Stella Jankouskas, also known as Stella Jann (Stella), in favor of John Jankouskas, also known as John Jann (John). These questions include not only the propriety of imposing such a trust, but the applicability to this action of Delaware's non-claim statute (12 Del.C. § 2102), requiring the presentation of claims within 6 months of the opening of an estate. The former Chancellor ruled that the unusual aspects of the relationship between John and Stella justified the imposition of a trust, and that John's cause of action was not within the purview of the non-claim statute. We affirm those rulings. However, we reverse and remand for a re-calculation of the aware to John, including an apportionment of taxes, costs, fees and expenses necessary for, and directly attributable to, the maintenance and preservation of the assets John has received or been awarded.