Oral arg. – COA – 6/13/2018

At 10:00 the COA will hear the case of In the Matter of the Estate of John M. Kaye, Deceased, John Morgan Kaye v. Patricia Kaye which is a challenge to an inter vivos  gift.

John M. Kaye had three children and was married to his third wife when he died in his 90s.  One child was disabled and she was taken care of with a trust. Another son was independently wealthy. A third child, John Morgan Kaye, had three sons.  Kaye’s will provided that his assets would be divided into equal fifths with one fifth to his wife Patricia, one fifth to John Morgan Kaye, and one fifth to each of the grandchildren.  Prior to his death, however, he changed the status of an investment account containing 1.2 million dollars to a joint account with rights of survivorship.   When Kaye died, John Morgan Kaye challenged this inter vivos gift claiming that Patricia obtained the gift by using undue influence over someone with whom she was in a fiduciary relationship.  The chancellor ruled against John Morgan Kaye and he appeals.

John Morgan Kaye’s brief 

Patricia Kaye’s brief

John Morgan Kaye’s reply brief

Watch the argument here. 

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