Adams v. Jankouskas

452 A.2d 148 (Del. 1982)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

John married Stella who ran the marriage. Stella set up a corporation that purchased an apartment building. Stella eventually ran her beauty salon out the building and lived there as well with John. John worked at Dupont and John surrendered his check to her, got a nominal sum in return and even paid rent to the corporation to live at the apartment building. This arrangement was voluntary as they were planning for their future and setting aside a nest egg for their retirement. Stella died in 1977 leaving an estate of $350,000. $40,000 consisted of property held in their joint names. Except for that property, a diamond ring, a car and $10,000 in cash Stella’s estate went to D, Stella’s niece, executrix, and sole beneficiary. P commenced this action and was awarded a constructive or resulting trust for half the estate. The Chancellor held that all the transactions between John and Stella imposed a constructive or resulting trust. D appealed.