On a motion for judgment against a defendant noted in default in an estate dispute, the plaintiff sought liquidated damages for his share of estate funds, a portion of estate-funded legal costs, and trustee remuneration.
The court held that deemed admissions in the statement of claim supported judgment only for the specific funds distributed to the defaulting defendant that had been set aside for the plaintiff.
The pleaded facts did not establish entitlement to recover alleged estate mismanagement losses, legal costs, or trustee compensation on the motion.
Judgment was granted only in part, with leave to pursue the remaining claims at trial.
