Nature of the Case
To access this section all you need to do is click here and register.
Facts
P transferred property to her children after she had undergone cancer surgery. Pursuant to an oral agreement, P remained in possession of the property and paid all taxes and expenses associated with it. The parties also agreed that if P's cancer did not reappear after five years, the children would transfer the property back to her. Shortly thereafter, P's daughter gave up her interest in the property. Five years after the conveyance, when P believed she was out of danger of a recurrence of cancer, she requested that her son (D) reconvey the property to her. D refused. After several attempts to get him to reconvey the property voluntarily, P sued for reconveyance. The lower court found for P, imposing a constructive trust of the property in her favor based on the oral agreement, the confidential relationship of the parties, and their conduct with respect to the property. D appeals.
Support@ bsmsphd.com
Casebriefs Co