MARGARET EVANS, ET AL., APPELLANTS,
v.
FLORENCE JOHNSON, ET AL., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This appeal challenges a partition decree distributing land among heirs of a deceased common ancestor. The appellants claimed a resulting trust should be imposed in favor of a daughter who allegedly furnished the consideration for the conveyance to the mother, but the Florida Supreme Court affirmed the lower court's rejection of this claim.
A resulting trust will not be decreed in favor of those claiming to have furnished the consideration for a conveyance when the person who held title had been dead many years and the evidence is not sufficiently convincing to establish the essential facts beyond a reasonable doubt. The chancellor properly rejected the claim of resulting trust and correctly decreed partition.
“a resulting trust will not be decreed in favor of those who claim to have furnished the consideration for a conveyance of land made to another, when the person who had title had been dead many years and the evidence adduced to destroy such title is not so convincing as to establish the essential facts beyond a reasonable doubt”
Establishes the high evidentiary standard required to overcome a presumed valid title when the original titleholder is deceased
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe common ancestor received a deed of conveyance to land and lived on a portion of it until her death more than twenty years before this appeal. A da…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Resulting Trust cases and more on FLexlaw
Whitfield, J.
This appeal is from a decree for the partition of land among the heirs of a common ancestor. It is conceded that the common ancestor received a deed of conveyance of the land and lived on a portion of it till she died more than twenty years ago. But it is contended that a daughter who lived on a portion of the land furnished the consideration for the conveyance made to the mother and that a trust results in favor of the daughter as against the other heirs.
In Geter v. Simmons, 57 Fla. 423, 49 South. Rep. 131, it was held that a resulting trust will not be decreed in favor, of those who claim to have furnished the consideration for a conveyance of land made to another, when the person who had title had been dead many years and the evidence adduced to destroy such title is not so convincing as to establish the essential facts beyond a reasonable doubt. See Rogero v. Rogero, 66 Fla. 6, 62 South. Rep. 899.
There is evidence that the daughter furnished the consideration, and that she intended the mother to have only a life interest in the land, but this contradicts the conceded terms of the deed of conveyance to the mother,, and it cannot be said on the entire evidence-that .the chancellor erred in decreeing partition and in effect rejecting the claim of a resulting -trust in favor of the daughter who sought to prove that she furnished the consideration for the conveyance to the mother: Criticisms are here made of the nature-and condition of the deed of conveyance to the mother admitted in evidence, but the. deed does not appear in the record and is not sent here for inspection under the rule on that subject. Apparently the decree is correct and the appellants have not performed their burden of showing reversible error in the decree, it is therefore affirmed.
Shackleford, O. J., and Taylor, Cockrell and Hooker, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wyatt J. Geter v. Simmons, 57 Fla. 423 (Fla. 1909)
- Rogero v. Rogero, 66 Fla. 6 (Fla. 1913)