Estate of Lucille M. Horstmeier, deceased, Mary E. Scott, Executor - Page 17




                                        - 17 -                                         
          --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.                             
















Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  

Last modified: May 25, 2011