In Re Estate Of Fournier

902 A.2d 852 (2006)

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Nature of the Case

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Facts

Fournier asked a couple if they would “hold some money for him.” They agreed, and Fournier delivered two boxes, each containing $200,000 cash. Fournier asked them to hold the $400,000 in secret until his death and then deliver it to his sister, Faustina Fogarty. He said that she “needed it more” than his other sister, Juanita Flanigan. Fournier told Flanigan and her daughter that his friend was holding money for him. Fournier died in 2005. Fogarty was appointed the personal representative of his estate by his will. Fogarty and her son met privately with the couple, and the husband gave Fogarty the money. Fogarty petitioned for a declaratory judgment to establish that Fournier had created an oral trust for her benefit. Following a hearing, the court denied her petition, and she brought this appeal.