Brown v. WiltbankAnnotate this Case
Plaintiff filed a complaint seeking the partition by sale of property owned by her deceased father and distribution of the proceeds to the three cotenants, herself, her sister Claudia, and her brother Benjamin. Claudia filed a counterclaim and cross-claim against Plaintiff, Benjamin, Benjamin's wife, Homeowners Loan Corporation (HLC), and Mortgage Electronic Registration Systems (MERS) for, among other things, a declaratory judgment that she had a life estate in the property. The Court of Chancery found in favor of Plaintiff and her request for a partition of the property. Claudia was then evicted from the property by a trustee appointed by the court to oversee the sale of the property. Thereafter, Plaintiff sought reimbursement for several expenses. HLC and MERS sought attorneys' fees and rent payments. The Court of Chancery awarded a total of $12,098 to Plaintiff for attorneys' fees, rent payments, funeral expenses, and trustee's fees. The Court also awarded $2,166 in rent payments to HLC and MERS and requested an itemized list of fees incurred as a result of Claudia's behavior that was found to be vexatious or in bad faith.