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Keywords

plaintiffappealtrialtrustunjust enrichmentconstructive trust
plaintiffappealtrialtrust

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In re Estates of Gates, 876 So.2d 1059

Facts

Roland Dear and Lottie Causey claimed that Armine and C.V. Gates intended to create a trust for them before their deaths. Dear provided care for the Gates couple, and Causey, a cousin, alleged that Mr. Gates had mentioned starting a trust and asked her to serve as a trustee. However, the Gates died in a car accident without executing any trust documents, and the only trust document presented was unsigned and created after their deaths. The court found no evidence of an effective trust.

Dear transported Mr. Gates for medical care and took care of other needs. Dear testified that he often took food to the Gates couple and visited them when they were hospitalized. Dear claims that in February 1997, Mr. Gates informed him that he would be favored upon their deaths because of his service in taking care of them. No one else heard that statement.

Issue

Did the plaintiffs establish the existence of an express or implied trust in favor of Dear and Causey?

Did the plaintiffs establish the existence of an express or implied trust in favor of Dear and Causey?

Rule

An express trust must be in writing if it involves real property, and both constructive and resulting trusts require clear and convincing evidence of their existence.

An express trust must be in writing if it involves real property, and both constructive and resulting trusts require clear and convincing evidence of their existence.

Analysis

The court determined that the handwritten notes and unsigned trust agreement did not constitute sufficient evidence to establish an express oral trust or any other type of trust. The evidence presented did not demonstrate that the Gates couple had made a clear declaration of intent to create a trust, nor did it show any unjust enrichment that would warrant a constructive trust.

The court determined that the handwritten notes and unsigned trust agreement did not constitute sufficient evidence to establish an express oral trust or any other type of trust.

Conclusion

The Court of Appeals affirmed the Chancery Court's judgment, concluding that the plaintiffs failed to establish any form of trust and were not prejudiced by the trial court's decisions.

The Court of Appeals affirmed the Chancery Court's judgment, concluding that the plaintiffs failed to establish any form of trust and were not prejudiced by the trial court's decisions.

Who won?

The heirs of Armine and C.V. Gates prevailed in the case because the court found that the plaintiffs did not provide sufficient evidence to support their claims of a trust.

The heirs of Armine and C.V. Gates prevailed in the case because the court found that the plaintiffs did not provide sufficient evidence to support their claims of a trust.

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