Jim Rayv.Eloise Hadaway Et Al.
Jim Ray sought a constructive trust over savings-bond proceeds redeemed by his nephew after the death of Ray’s mother, whose estate allegedly owned an interest in the bonds. The trial court granted summary judgment to the nephew and the decedent’s daughter. The Georgia Court of Appeals reversed because the record contained evidence creating genuine issues about whether the nephew owed the decedent a fiduciary duty, breached that duty, and caused damage to the estate. The court explained that the existence of a fiduciary relationship generally is a jury question unless the evidence is completely absent, and that equity may impose a constructive trust when property has been wrongfully obtained even if the claimant also seeks a money judgment. Because those factual issues could not be resolved on summary judgment, the trial court erred in removing the claim from the jury. The court reversed the order granting summary judgment and remanded for further proceedings on the constructive-trust and fiduciary-duty claim.
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