Pope v. Garrett

211 S.W.2d 559 (1948)

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Nature of the Case

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Facts

Claytonia (P) sued the heirs of Simons to impress a constructive trust on property that passed to the heirs by intestacy. It was alleged and the jury found that two of the heirs by physical force or by creating a disturbance prevented Simons shortly before her death from executing a will solely in favor of P. The trial court gave the property to P. The court of appeals ruled that a constructive trust could not be impressed against the heirs who had not participated in the wrongdoing.