- 9 - 1962); Kane v. Johnson, 73 N.E.2d 321, 324 (Ill. 1947). Unless there is evidence that a gift was intended from the payor to the person taking title, it is assumed that the payor intended to keep the beneficial interests of the property for which he or she paid. See Prassa v. Corcoran, supra. The fact that the payor borrowed from the person who took title does not prevent a resulting trust from arising. See Towle v. Wadsworth, 35 N.E. 73 (Ill. 1893). Nor does the fact that the agreement with respect to the loan and purchase of the property was oral rather than written. See id. Parol evidence may be used to prove a resulting trust. See Ill. Rev. Stat. ch. 59, sec. 9 (1975) (now 740 Ill. Comp. Stat. 80/9 (West 1993)); Kohlhaas v. Smith, 97 N.E.2d 774, 776 (Ill. 1951). A resulting trust arises at the instant title is taken, or not at all. See Prassa v. Corcoran, supra. The burden of proof is on the party seeking to establish a resulting trust, and, because recorded legal title is being rebutted, the standard of proof is “clear, convincing and unmistakable.” In re Estate of Wilson, 410 N.E.2d 23, 27 (Ill. 1980). A resulting trust will not be sustained where the “evidence is doubtful or capable of reasonable explanation upon any theory other than the existence of a trust”. Kohlhaas v. Smith, supra at 776. Petitioner has offered the claim filed by Ms. Scott and the decision of the Probate Division of the Circuit Court approvingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011