Larry Stercula v. Violet Wengert, Bruce Heimbach, Beth Anne Roberts, and Jay K. Wilson

Summary

The Delaware Court of Chancery ruled for the defendants in Larry Stercula’s action seeking recovery of real estate, a constructive trust, and related relief based on an alleged forged deed. The Court found that Stercula failed to prove by clear and convincing evidence that his signature on the 2016 deed was forged, relying in part on the notarial presumption and the credibility of the defendants’ witnesses. The Court denied attorneys’ fees and ordered Stercula to bear all costs.

Holdings

1. Stercula failed to prove by clear and convincing evidence that his signature on the 2016 deed was forged.
2. The signatures on the deed, including Stercula's, were presumed genuine, and Stercula did not present clear and convincing evidence sufficient to overcome that presumption.
3. Because Stercula failed to establish forgery, he was not entitled to recovery of the property, a constructive trust over the sale proceeds, or related relief; the court also denied attorneys' fees and assessed costs against him.

Questions Presented

1. Whether Stercula proved by clear and convincing evidence that his signature on the 2016 deed was forged.
2. Whether the notarial presumption of signature genuineness was overcome by the evidence.
3. Whether Stercula was entitled to recovery of the property, a constructive trust over the sale proceeds, attorneys' fees, or other related relief.

Disposition

other