- 11 - without having paid for it would unjustly enrich her at the expense of Georgia, the Jakubeks and perhaps other creditors, including the IRS, who are looking to the Estate to satisfy Theodore’s outstanding obligations, debts and judgments. This conclusion does not preclude Gail from acquiring an interest in the Abagail Ranch per Theodore’s last Will, if appropriate, once this case and the probate of Theodore’s estate have been resolved. 11. Consequently, the Court concludes that portion of the Abagail Ranch that Gail seeks to quiet title is held in constructive trust for the Estate of Theodore Chemodurow. Except as discussed below, it is for the probate court to determine what, if any, portion of the Abagail Ranch should be transferred to Gail under Theodore’s last Will. The Judgment in Cause No. 96-109 incorporated the order paragraphs from the Cause No. 96-109 report. Among the order paragraphs incorporated was the following: 1. Gail Williams’ request to quiet title in that portion of the Abagail Ranch identified in the Complaint is DENIED and said property is now held by Gail Williams in constructive trust for the benefit of the Estate of Theodore Chemodurow. The Judgment in Cause No. 96-109 (and, likewise, the Judgment in Cause No. 96-60, see infra), inclusive of incorporated Order (in Cause No. 96-109, only), became final as a result of a Stipulation to Dismiss Appeal and Cross Appeal, with Prejudice, dated October 6, 1998, and the Order of the State court approving the dismissal, dated October 27, 1998. Notices of Satisfaction of Judgment were filed, and the State court declined to dismiss the Judgments. Also, on April 8, 1998, in connection with Cause No. 96-60, the State court issued its “Findings of Fact, Conclusions ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011