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may be proved by parol testimony, but such proof must be "full
and clear."
"Evidence to establish a resulting trust must be
so clear, strong, and unequivocal as to remove from the
mind of the Chancellor every reasonable doubt as to the
existence of the trust." [Id. (quoting Geter v.
Simmons, 49 So. 131, 133 (Fla. 1909)).]
"When a resulting trust is sought to be
established by parol evidence, the burden rests upon
the person asserting the existence of the trust to
remove every reasonable doubt as to its existence by
clear, strong, and unequivocal evidence." [Id.
(quoting Brown v. Brown, 143 So. 737, 738 (Fla.
1932)).]
We find that petitioners have not met their burden of producing
such evidence.
It is undisputed that legal title to the real property was
held by Mr. Fisher at all times prior to the transfer to
petitioners on June 6, 1991.13 However, petitioners claim to
have advanced $4,000 in cash for a downpayment on parcel 1
purchased in 1984, made mortgage payments on a $10,000 loan that
Mr. and Mrs. Fisher made in their own names, and also to have
contributed an undisclosed amount of capital via credit card
purchases of supplies and other materials used in the
construction of the house built on parcel 1 during 1988. These
contentions are not supported by any documentation in the record.
Petitioners failed to produce any canceled checks, money orders,
13Mrs. Fisher's name was on the title of parcel 1 for a
short period of time.
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