Daily Legal News - Probate Court Notices : 2018 ADV 239801 Harry E. Figgie IV, et al.
2018 ADV 239801—Harry E. Figgie IV, et al. vs. Betsy Figgie, et al.
Unborn and unknown lineal descendants of Harry E. Figgie IV, unborn and unknown lineal descendants of Susan A. Figgie, and unborn and unknown lineal descendants of Catherine E. Figgie, the place of residence of each being unknown, will take notice that on December 20, 2018, the undersigned, Harry E. Figgie IV, Harry E. Figgie IV, as Conservator of Susan A. Figgie and Catherine E. Figgie, filed their complaint in the Probate Court One Lakeside Avenue, N.W., of Cuyahoga County, Ohio, alleging that this is an action to recover money for an unfair share redemption transaction from a trust that was concealed for years from the trusts' beneficiaries and could only recently have been discovered.
Wherefore, Plaintiffs respectfully demand that the Court enter judgment against Defendants in favor of Plaintiffs as follows:
a. Under Plaintiffs' cause of action for declaratory relief, an Order from the Court declaring that the Trustees of the Trusts unlawfully obtained the Assets through a series of wrongful acts and therefore, declaring void ab initio any and all documents purporting to transfer any rights, title and interest in the Assets to the Trust, and thereby restoring the Plaintiffs' rights, title and interest in the Assets.
b. Under Plaintiffs' cause of action for Constructive Trust, an order of the Court declaring that the Trustees of the Trusts have no equitable right, claim or interest to the Assets and imposing a constructive trust of said property and profits therefrom in and for Plaintiffs with the duty to convey the same to Plaintiffs forthwith.
c. Under Plaintiffs' cause of action for injunctive relief, an Order from the Court enjoining the Trustees of the Trusts, and all others acting in concert therewith from encumbering, pledging, selling, transferring or otherwise disposing of the Assets, or any ownership or beneficial interest therein pending the final outcome of this dispute.
d. Under Plaintiffs' cause of action for negligent misrepresentation, an award of monetary damages against the Trusts in an amount to be determined.
e. Under Plaintiffs' cause of action for Restitution, that the Trustees of the Trusts be ordered to pay Plaintiffs restitution, to disgorge all monies, received, including all profits gained on the Assets.
f. Reimbursement from the Trustees of the Trusts for all costs incurred in the prosecution of this action.
g. Any and all other relief deemed just and proper.
The defendants named above are required to answer on or before the 25th day of March, 2019.
Harry E. Figgie IV, Harry E. Figgie IV, as Conservator of Susan A. Figgie and Catherine E. Figgie.
By Deviani M. Kuhar and Yelena Boxer, Attorneys for Plaintiffs.