Facts

Olga Carvallero, her son, Robert, and his wife, Jill Weber purchased a $300,000 condominium to share, together. Olga gave Robert and Weber $200,000 to pay for their two-thirds share of the condominium, and Olga paid an additional $93,000 for her one-third. Olga later died, and appointed Marta Gold the trustee of the Olga R. Cavallero Revocable Trust. Robert also died, and Weber was appointed trustee of the Cavallero Family Trust. Gold filed suit against Robert, via the Cavallero family trust, and Weber.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Robert had misappropriated funds and real property belonging to Olga, exerted improper control over her assets, breached his fiduciary duty to her, abused his position as attorney-in-fact to her, and defrauded her. Plaintiff also alleged that Weber had participated in defrauding Olga, also exerted improper control over Olga's assets, and had wrongfully remained in possession of Olga's property.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and claimed Olga was aware of and approved of Robert and Weber's actions.

Result

The property was ordered partitioned, with one-third fee ownership going to plaintiff, one-third going to Weber, and one-third going to the Cavallero Family Trust.