Supreme Court of Delaware

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Lingo v. Lingo, 713, 2009

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

  • Submitted 04/07/2010
  • 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.
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