![]() Murphy was represented by counsel at the time she executed the Deed and the Contribution Agreement. Murphy executed a deed of conveyance ('Deed') and a Remainder Charitable Contribution Agreement ('Contribution Agreement') through which she gifted the Property, located at 45 West 84th Street, New York, New York, to Andrew College and retained a life interest for herself. ♨) Over twenty years later, on or about March 23, 1990, Ms. Murphy purchased a townhouse ('the Property') in Manhattan. Murphy maintained a close relationship with her alma mater and, indeed, credited the College for her successful career as an entertainer and writer. Liddie Mae Murphy graduated in 1937 from Andrew College, a private, two-year liberal arts college in Georgia. Unless otherwise noted, the following facts are not in dispute. In the alternative, Abercrombie moved to have the Court abstain, in light of proceedings ongoing in New York Surrogate's Court.įor the reasons discussed below, Abercrombie's application that this Court dismiss or stay this action is DENIED, and Defendant's Motion is GRANTED without prejudice to Abercrombie to seek leave to file an amended complaint. She then moved to have this case dismissed on the ground that the probate exception to the Court's diversity jurisdiction applied. That dispute is pending before a Surrogate's Court in New York.Ībercrombie also was substituted as Plaintiff in this action. Murphy's estate, and a dispute ensued between Abercrombie and Andrew College over the validity of Ms. A niece, Nancy Abercrombie, was appointed Administratrix of Ms. 12(b)(6) for failure to state a claim and alleging that the Statute of Limitations had expired. As relief, the Court is asked to impose a constructive trust over the residence and to grant punitive damages.Īndrew College brought this Motion to Dismiss pursuant to Fed. Specifically, it is alleged that the deed is an invalid testamentary instrument, and was otherwise obtained via fraud and undue influence. ANDREW COLLEGE, 04-CV-7717-The Complaint in this action alleges that Defendant Andrew College obtained an invalid deed to the remainder interest of Ms. Gift of Manhattan Townhouse to College Is Valid Complaint Inadequately Pleaded Fraud Claims ![]()
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