The plaintiff sued the defendant estate trustee claiming an interest in the deceased's estate based on compensation for services or a constructive trust.
The defendant moved to dismiss the action for delay and on summary judgment.
The plaintiff failed to advance the litigation for three years, did not respond to the motion, and failed to attend the hearing.
The court found no evidence to support the plaintiff's claims or corroborate any alleged oral agreement with the deceased as required by s. 13 of the Evidence Act.
The action was dismissed.
