Claim For Interference With Inheritance Lies Against Legion of Christ

In Americans United For Life v. Legion of Christ of North America, Inc., (RI Super., Jan. 4, 2017), a Rhode Island trial court held that a claim of tortious interference with expectation of inheritance is cognizable under Rhode Island law.  At issue is a claim by an anti-abortion organization that Legion of Christ through fraud and undue influence induced Gabrielle Mee, a devout Catholic, to change her will to divert to Legion of Christ the 10% of her estate (equaling as much as $6 million) originally left to the pro-life group.  Her will already left 90% to Legion of Christ, and plaintiffs claim that had Ms. Mee learned of the charges of sexual abuse that surfaced as to Father Marcial Maciel Delgollado, the founder and former leader of Legion of Christ, she might well have completely cut them out of her will.  While allowing the tortious interference claim to move ahead, the court dismissed separate claims based on fraud and undue influence. AP reports on the decision. (See prior related posting.)

Suit Against Legion of Christ Over Bequest Settled

According to Monday's Providence Journal, a Rhode Island federal district court lawsuit against the scandal-ridden Catholic order, the Legion of Christ, has been settled out of court. The suit was brought by Paul Chu as executor of his father's estate. (See prior related posting.) His father, James Boa-Teh Chu, a former Brown University mechanical engineering professor who died in 2009, left annuities worth between $1 and $2 million to the Legion. The suit claimed that the Legion used undue influence on the elder Chu in his last years in order to obtain the bequest. The terms of the out-of-court settlement were not disclosed.

Executor May Pursue Challenge To Assets Left To Legion of Christ

In Chu v. Legion of Christ Inc., (D RI, Jan. 13, 2014), a Rhode Island federal magistrate judge recommended that defendant's motion for summary judgment be denied in a lawsuit claiming that the scandal-ridden Catholic organization, Legion of Christ, used fraud and undue influence to induce college professor Dr. James Boa-Teh Chu to name the Legion as beneficiary of his retirement annuities. The court held that under Rhode Island law the executor of the estate, Chu's son Paul, has standing to bring the suit since if the gift fails the assets would revert to the estate. The court also rejected the claim that the executor lacks standing  because Dr. Chu would have left his assets to another Catholic charity if they were not left to the Legion. The magistrate concluded:

All in all, through this muddle, one thing clearly emerges: the record in this case has more than sufficient evidence from which a fact finder could conclude that, absent the influence of The Legion, Dr. Chu’s beneficiary for some or all of his annuities would not necessarily have been another Catholic charity. Accordingly, I find that there is a genuine fact dispute regarding Dr. Chu’s charitable intent.

Examiner reports on the decision.

UPDATE: The federal district court issued an order on Feb. 26, 2014 adopting the magistrate's report and recommendation. (AP).