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Drake v. McNair

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Argued July 16, 2008

Before WASHINGTON, Chief Judge, BLACKBURNE-RIGSBY, Associate Judge, and TERRY, Senior Judge.

Appellant, Sherry Miles St. Claire Drake, appeals from the trial court’s order dismissing her fraud and negligent misrepresentation claims against appellees, James McNair, Tyrone Thompson, and Necia Drake, each of whom has served or currently serves as personal representative and/or trustee for the estate and trusts of Sherry Drake’s deceased husband, Carthur Drake. Sherry Drake’s claims arise from the purchase of a piece of property on behalf of Carthur Drake shortly before his death. Mrs. Drake contends that the purchase of the property by a fictitious company and the subsequent transfer of ownership of the property to a company that is a beneficiary of Mr. Drake’s trusts improperly converted an estate asset into a trust asset, thereby depriving her of her spousal interest in Mr. Drake’s estate.

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