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Trusts - Resulting And Constructive Trusts - Rights Of Third-Party Donee To Enforce Oral Trust Of Land, Lawrence E. Blades
Trusts - Resulting And Constructive Trusts - Rights Of Third-Party Donee To Enforce Oral Trust Of Land, Lawrence E. Blades
Michigan Law Review
Plaintiff alleged that her husband, having paid the purchase price on land intended as a: gift for her, caused title to be taken in the name of defendant to hold as trustee. There was, however, no written evidence to support these contentions. Plaintiff further alleged that she took possession and made valuable permanent improvements on the land with the approval of both her husband and defendant. One year after the husband's death and three years after plaintiff's entrance, defendant filed suit for possession. In the present action to enjoin that suit and to establish her ownership, the lower court held …
Descent And Distribution - Joint Ownership - Imposition Of Constructive Trust On Murderer Of Co-Tenant, John B. Schwemm S.Ed.
Descent And Distribution - Joint Ownership - Imposition Of Constructive Trust On Murderer Of Co-Tenant, John B. Schwemm S.Ed.
Michigan Law Review
A husband, owning land with his wife as tenants by the entireties, killed her and immediately thereafter committed suicide. In an action to determine ownership of the realty, both the probate and appellate courts declared that since a relevant disinheritance statute was inapplicable, full title vested in the husband and, upon his death, descended to his heirs. On appeal, held, reversed. Despite the common law nature of such tenancies, equity will impose on the husband a constructive trust in one-half the property for the benefit of the victim's estate. National City Bank of Evansville v. Bledsoe, (Ind. 1957) …
Restitution - Constructive Trust Relief For Breach Of Oral Contract To Create Trust In Land, Edward A. Manuel S.Ed.
Restitution - Constructive Trust Relief For Breach Of Oral Contract To Create Trust In Land, Edward A. Manuel S.Ed.
Michigan Law Review
Plaintiff mining company sued to impose a constructive trust on mineral interests purchased by the defendant employee in breach of his oral agreement with the company. The agreement included a promise to hold any property so acquired in trust for the employer at his election. Ruling that this agreement was unenforceable under the Oklahoma statute of frauds, the trial court relied on the defendant's status as an ordinary employee without duties relating to the acquisition of mineral interests or access to confidential information, and gave judgment for the defendant. On appeal, held, affirmed. Without proof of positive fraud or …
Trusts-Fiduciary's Duty Of Loyalty, Howard A. Jacobs
Trusts-Fiduciary's Duty Of Loyalty, Howard A. Jacobs
Michigan Law Review
Defendant and testator were partners. Upon the death of the testator leaving a widow and children, defendant was named executor under the will with power to manage, control or sell any of the property in the estate. The testator's children's share vested in defendant as trustee under the will. Thereafter, defendant formed a corporation to which he transferred the partnership property. Equal amounts of stock therein were issued to himself individually, and to himself in his fiduciary capacity for the widow and children; a number of shares were issued to a third party who had a contingent interest under the …
Resulting Trust-Statute Of Frauds-Advance Of Purchase Money In Exchange For Transferee's Promise To Furnish A Life Home For The Payor, Craig E. Davids S. Ed.
Resulting Trust-Statute Of Frauds-Advance Of Purchase Money In Exchange For Transferee's Promise To Furnish A Life Home For The Payor, Craig E. Davids S. Ed.
Michigan Law Review
Plaintiff, an illiterate sharecropper, advanced money to purchase an eighty acre farm, record title being taken in the name of defendant and wife with whom plaintiff had been living for more than a year pursuant to an agreement that defendant was to furnish plaintiff with a home for life. The arrangement worked satisfactorily for more than thirty years, during which time the premises were improved and a mortgage discharged by plaintiff. Defendant then remarried and the friction which followed was climaxed by defendant ordering plaintiff off the premises. Suit was filed in equity, under an Oklahoma statute to have defendant …