The 77-year-old plaintiff advanced over $1,000,000 to her adult daughter and son-in-law over a two-year period following a reconciliation.
The funds were used to pay off a mortgage, purchase a new home, install a pool, and included a transfer of shares.
After the parties had a falling out and the plaintiff moved out of the shared home, she sued for the return of the funds, claiming they were loans or held on resulting trust.
The court applied the Pecore principles and found that the defendants successfully rebutted the presumption of resulting trust, proving on a balance of probabilities that all advances were unconditional gifts.
The plaintiff's claims for unjust enrichment, moving expenses, occupation rent, and punitive damages were also dismissed.
