Malousek v. Meyer
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The Supreme Court affirmed in part and reversed in part the order of the district court declaring that the marriage between Steven Greg Meyer (Greg) and Molly Stacey, deceased, to be null and void and ordering Greg and his son, Mark Meyer, to execute instruments to relinquish certain property interests they obtained from Molly before her death, holding that Greg and Mark's arguments on appeal lacked merit.
After Molly was diagnosed with cancer, Molly and Greg married. Just over one week later, Molly died intestate. Molly's adult children filed a declaratory judgment action against Greg and Mark seeking declarations that the property interest changes Molly made in favor of the Meyers and her marriage to Greg were void and invalid. The district court generally found in favor of Molly's children and the special administrator. Both parties appealed. The Supreme Court affirmed in part and reversed in part, holding (1) Greg and Mark's jurisdictional assignments of error lacked merit; (2) the district court correctly found that Molly lacked the requisite mental capacity and acted under undue influence; and (3) the district court erred in failing to rule that a boat Molly purchased and titled in Mark's name should be regarded as held in a resulting trust by Mark for Molly's benefit.
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