James E. Griffin and Katrina F. Griffin, Transferees - Page 14

                                       - 14 -                                         
          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.                        

          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.                                                       

Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011