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According to petitioner, although Ms. Horstmeier supplied the
downpayment and assumed the mortgage with respect to the purchase
of the house, Ms. Horstmeier and Ms. Scott agreed at the time of
purchase that Ms. Scott would repay her half of the downpayment,
and supply one-half of the monthly mortgage payments and taxes,
by providing all services required for the upkeep of the house.
However, legal title was placed solely in Ms. Horstmeier’s name
because, petitioner contends, as an administrator of a business
college, Ms. Horstmeier did not want questions raised regarding
the nature of her relationship with Ms. Scott, given its same-sex
character and their substantial age difference.
In order to establish a resulting trust, petitioner must
prove by clear and convincing evidence that Ms. Scott provided
consideration for a one-half interest in the Glenview house at
the time of purchase. See American Natl. Bank & Trust Co. v.
United States, 832 F.2d 1032, 1035-1036 (7th Cir. 1987); Hanley
v. Hanley, 152 N.E.2d 879 (Ill. 1958). To prove consideration,
petitioner alleges there was an agreement between Ms. Scott and
Ms. Horstmeier under which Ms. Horstmeier would in effect lend
the consideration for purchase of a one-half interest to Ms.
Scott, with repayment to be made by Ms. Scott through future
services. In Towle v. Wadsworth, supra, the court found that an
oral agreement between Towle and Wadsworth, under which Towle was
to purchase and take title to property but treat half of the
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