The plaintiff sought a declaration that shares transferred from her mother to her sister were not a gift and formed part of the mother's estate, bringing a motion for summary judgment based on presumptions of resulting trust and undue influence.
The court found the action was not statute-barred and that the presumption of resulting trust was rebutted by evidence of the mother's intent to gift.
However, the presumption of undue influence was found to apply due to the confidential relationship and lack of informed consent regarding the shares' true value, necessitating a mini-trial on this issue.
