The plaintiffs sought summary judgment for a declaration that they are the beneficial owners of the deceased mother's interest in a jointly-owned Hamilton property, relying on doctrines of part performance, proprietary and promissory estoppel, resulting trust, and unjust enrichment.
The defendant trustee sought summary judgment for partition and sale of the property.
The court dismissed both motions, finding that material factual and evidentiary issues remained unresolved, including the formation and terms of the alleged agreement, the reliability of hearsay evidence regarding the deceased's understanding, and the adequacy of financial documentation.
The court determined that a trial was necessary to resolve these live issues.
