Sharp v. Kosmalski

351 N.E.2d 721 (1976)

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Nature of the Case

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Facts

Upon the death of his wife of 32 years, P, 56 and with an eighth-grade education, got involved with D, a school teacher, 16 years his junior. D assisted P in disposing of his wife’s belongings and helping with domestic chores. P eventually asked D to marry him. She refused. D still continued her association with P despite the refusal of marriage and she took all the gifts that D was willing to bestow upon her. D was even given access to P’s checking account from which she withdrew substantial amounts of money. P even made her his sole beneficiary under his will and executed a deed naming her a joint owner of his dairy farm. The trial record also showed that numerous alterations were made to P’s farmhouse for D’s benefit. In September 1971 while renovations in the house were still underway, P transferred his remaining interest to D. At that time, a farm liability policy was issued to P naming D and her daughter as additional insureds. In the presence of the insurance agent the policy was changed to read Sharp life tenant, Kosmalski, owner. In February 1973, D ordered P out of the home. D took possession of the home, farm and all the equipment thereon and left P with assets of $300. P sued but the trial court dismissed as there was no express conditions on the transfers from which to apply a constructive trust.