Estate of Lucille M. Horstmeier, deceased, Mary E. Scott, Executor - Page 12




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          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 she            






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