Supreme Court of Delaware

In plaintiff's appeal from the court of chancery's order of restitution from and requiring his sister, to return funds she misappropriated as their mother's attorney-in-fact, the order is affirmed where restitution adequately restored the amount of the loss and the remedy of equitable forfeiture would have conflicted with the mother's testamentary intent.

Appellate Information

• Decided 06/17/2010
• Published 06/17/2010

Judges

• STEELE, Chief Justice., Before STEELE, Chief Justice, BERGER and JACOBS, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Daniel V. Folt (argued), Matt Neiderman, and G. Wesley Quinton of Duane Morris LLP, Wilmington, Delaware for appellant.


• For Appellees:
  
• Richard A. Zappa (argued), Joseph M. Nicholson and Lauren Hudecki of Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware for appellee.