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Stratulatos v Stratulatos - [1988] 2 NZLR 424

$30.00

High Court Wellington
8, 9, 10, 30 August 1988
McGechan J
Equity — Estoppel — Proprietary estoppel — Constructive trust — Mother owned residential property which on the marriage of her son she said she would give to him — Son and wife took possession of the property and spent considerable money and effort renovating and improving it, and paid rates and insurance premiums — Prior to marriage son had also made mortgage payments — Son died intestate and mother, who had retained ownership of property, sought to evict wife — Wife claimed equitable interest in property by virtue of mortgage payments and claimed proprietary estoppel and constructive trust in respect of the renovations and improvements — Whether wife was entitled to an equitable interest in the property — Whether wife had established proprietary estoppel or constructive trust — Whether wife was entitled to relief.

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