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direction to the committee, its bailiff, to deliver
property or pay money to the donee. It is precisely as
if a donor in his right mind tells his agent in
possession of his money to pay a specified sum to the
donee. There is no gift until the money is turned
over. [Id. at 833.]
Finally, we disagree that, pursuant to Nebraska law, the
date that the gifts were completed should be related back to the
date that decedent's guardian-conservator conveyed the real
property to C. Ronald Lambert and Charlotte Lambert as tenants in
common. The Nebraska Supreme Court has defined a constructive
trust as:
“a relationship with respect to property subjecting the
person by whom the title to the property is held to an
equitable duty to convey it to another on the ground
that his acquisition or retention of the property is
wrongful and that he would be unjustly enriched if he
were permitted to retain the property. * * * [Fleury
v. Chrisman, 264 N.W.2d 839, 842 (Neb. 1978), quoting
Box v. Box, 21 N.W.2d 868, 869 (Neb. 1946); emphasis
supplied.]
We read Fleury as providing a constructive trust in the
property conveyed, not property the transferee has not received,
i.e., in the instant case, decedent's other property that had not
been conveyed. Moreover, we are not convinced, based on the
record in the instant case, that C. Ronald Lambert, as decedent's
guardian-conservator, wrongfully conveyed the real property to
himself and his wife. Nonetheless, assuming arguendo that C.
Ronald Lambert was unjustly enriched by that conveyance, the
proper remedy would have been to reconvey the transferred real
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