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--the confusion regarding the downpayment, Ms. Horstmeier’s
encumbrance of the house despite Ms. Scott’s disapproval, the two
women’s willingness to take joint title to another property when
each contributed to the downpayment--are cumulative and,
considered together, cast doubt on the factual support for a
resulting trust in this case. As noted earlier, another
reasonable explanation of the evidence is available. It would
appear that Ms. Scott’s contribution of services and cash towards
the Glenview house and the couple’s mutual expenses may have
grown over time, although the record remains unclear on this
point. In any event, these later actions have less probative
value regarding the parties’ intentions at the time title was
taken in Ms. Horstmeier’s name. For the foregoing reasons, we
conclude that Ms. Horstmeier’s estate included the entire value
of the Glenview house.
To reflect the foregoing,
Decision will be entered
under Rule 155.
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Last modified: May 25, 2011