Goodman v. Goodman

907 P.2d 290 (1995)

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Nature of the Case

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Facts

Clive died in November 1983 without a will. Five years before his death, Clive gave D general power of attorney. About one year before his death, he transferred his major asset, Ozzie's East Tavern, to D. D sold the tavern on an installment contract in 1982 for $70,000; she deposited the proceeds of the sale in her bank account. Clive was survived by four children: P, Craig, Michelle, and his stepdaughter Tamara. When Clive died in 1983, P was 17, Craig was 16, Michelle was 13, and Tamara was 21. He was also survived by Shirley Golden, his first wife, and mother of all the children. When P was 25, he asked D for the first time for money from the sale of Ozzie's East and Clive's other assets. D reportedly told him she had taken care of Clive and felt she deserved it. P was appointed personal representative of Clive's estate. P sued D alleging that Clive intended D to hold Clive's property for the benefit of his children until they were the age of majority or were able to receive and manage the property on their own. D pleaded laches as an affirmative defense and counterclaimed for offset of money she had loaned to Clive or had paid on his behalf. Shirley testified Clive had a will, had transferred all of his property to D, and intended his children to have his property when they were old enough to responsibly manage it. She testified that shortly after the funeral, D told her there was no will, but she would give the children Clive's money when they were old enough to be responsible. Shirley relayed this information to the children. Tamara testified she had seen Clive's will in 1977 and briefly discussed it with him. She believed Clive's property would be divided among the children. D moved for a directed verdict on the grounds the limitations period had run. The jury found D held the property in trust for the benefit of Clive's children, and the children incurred damages of $60,000. The trial court granted D's' motion for a JNOV. The children should have discovered the cause of action more than three years before P commenced the action. The Court of Appeals agreed. P appealed.