State of Rhode Island and Providence Plantations

Rhode Island Superior Court
September 14, 2012

http://www.courts.ri.gov/Courts/SuperiorCourt/DecisionsOrders/decisions/10-1195.pdf

[full text]

[A copy of the Rhode Island Superior Court decision involving the Legionaries of Christ.]

DECISION

SILVERSTEIN, J. Before the Court are Defendants?/Appellees? (Defendants) Motions for Summary Judgment, pursuant to Super. R. Civ. P. 56.1 This Decision applies to the three separate, unconsolidated cases captioned above. The Court heard oral argument regarding all three matters together over the course of three days. In the will case (C.A. No. PB 10-1195), Plaintiff/Appellant Mary Lou Dauray is appealing a probate court Order admitting the will of Gabrielle D. Mee, claiming the will was executed under undue influence, fraud, and mistake in

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1 Originally, Defendants brought motions to dismiss rather than motions for summary judgment in the civil actions numbered PB 11-2640 and PB 11-2757. These motions have been converted to motions for summary judgment. See Tidewater Realty, LLC v. State, 942 A.2d 986, 992 (R.I. 2008) (providing court may convert motions to dismiss to motions for summary judgment).

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the inducement. In the inter vivos gifts case (C.A. No. 11-2640), Ms. Dauray claims the Defendants unduly influenced and fraudulently induced Mrs. Mee into giving approximately $60 million to the Defendants—particularly, the Legion of Christ.2 In the trust case (C.A. No. PB 11-2757), Ms. Dauray alleges that Defendant Bank of America, N.A. (the Bank), as successor-in-interest by merger or otherwise to Fleet National Bank, breached its fiduciary duties as trustee of multiple trusts. Defendants move for summary judgment in all three matters, arguing mainly that Ms. Dauray has not and cannot present any evidence creating a genuine dispute of fact that Defendants did not unduly influence or fraudulently induce Mrs. Mee?s actions and that the Bank did not breach any fiduciary duties.