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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 of
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