- 12 - consideration paid as an advance to Wadsworth, was sufficient to establish a resulting trust in Wadsworth’s favor for one-half of the property. Thus, if petitioner establishes the existence of an agreement between Ms. Scott and Ms. Horstmeier covering Ms. Scott’s consideration for the Glenview house purchase, it will be sufficient for us to find a resulting trust in Ms. Scott’s favor. Ms. Scott testified that she and Ms. Horstmeier had an agreement at the time of purchase that she could purchase one- half of the property by providing future services equal in value to the downpayment (at the rate of $3,000 per year plus interest) and the monthly payments. Various witnesses who knew the couple, including Ms. Scott’s mother, testified that it was their understanding that the two shared everything equally; however, none of these corroborating witnesses could testify regarding the specifics of the Glenview house purchase. According to Ms. Scott’s own testimony, however, Ms. Horstmeier “wasn’t concerned at all” whether Ms. Scott contributed sufficient services, which casts some doubt on whether there was a “meeting of the minds” between the two of them that Ms. Horstmeier had lent to Ms. Scott one-half of the consideration for purchasing the house, with an expectation of repayment. Ms. Scott testified that she would not have entered into the living arrangement with Ms. Horstmeier without an understanding that she would contribute her fair share. Her testimony that shePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011