- 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