TRUSTS - CONFIDENTIAL RELATIONSHIP - IMPOSITION OF CONSTRUCTIVE TRUST ON TRANSFEREE OF LAND ON ORAL PROMISE TO RECONVEY

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Plaintiff was induced to transfer his half interest in realty to his mother, because of her and his sister's fear that the income from the land, to which the mother was entitled during her life, might be tied up by the son's wife with whom he was having marital difficulties. There was no written evidence of the trust, but the mother had promised that she would act as trustee until the marital difficulties were settled, and then reconvey. Thereafter she conveyed to the sister, who, with knowledge of the agreement, refused to reconvey. Held, because of the confidential relationship existing between the parties, a constructive trust arose, and the son is entitled to a reconveyance. Metzger v. Metzger, 338 Pa. 564, 14 A. (2d) 285 (1940).

Recommended Citation

Michigan Law Review, TRUSTS - CONFIDENTIAL RELATIONSHIP - IMPOSITION OF CONSTRUCTIVE TRUST ON TRANSFEREE OF LAND ON ORAL PROMISE TO RECONVEY, 39 Mich. L. Rev. 1049 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss6/27