- 10 - Gail’s direction, or any of his other tax returns introduced at trial, that reflected any payments from Gail to Theodore for the Abagail Ranch. 7. The Court concludes that Gail provided no monetary consideration for the Abagail Ranch, as claimed by Gail. The Court also concludes that love and affection between Theodore and Gail, if any, is not considered valuable consideration for the conveyance. Baker Nat. Bank v. Lestar, 153 Mont. 45, 57; 453 P.2d 774, 781. Without consideration and absent a gift theory, the attempt to transfer ownership of the Abagail Ranch to Gail in 1995 is void. Eliason v. Eliason (1968), 151 Mont. 409, 417; 443 P. 2d 884, 889. 8. With regards to a gift theory, there was no evidence presented at trial that the attempted transfer from Theodore to Gail in 1995 was intended to be a gift. In order for there to be a valid inter vivos gift, Theodore must have had donative intent. State Board of Equalization v. Cole (1948), 122 Mont. 9, 14; 195 P.2d 989, 992. Gail did not argue in her pleadings or at the time of trial that Theodore ever intended to gift her any portion of the ranch. Rather, she said she was to pay for it and Theodore “intended” to sell it to her. 9. Because there was no consideration provided by Gail for the ranch and gift is not an issue in this case, the Court concludes that the August and December 1995 deeds are null, void and subject to cancellation. Eliason, 151 Mont. at 417. 10. In light of the fact that there was no valid transfer to Gail and no gift, that portion of the Abagail Ranch subject to the quiet title action should be a part of the Estate of Theodore Chemodurow. Gail may have title to the property by virtue of one of two deeds, but as a matter of equity, Gail holds title to the property in constructive trust for the Estate of Theodore Chemodurow. * * * * * * * In this case, Gail is subject to an equitable duty to convey it to the Estate until such time as all of Theodore’s affairs are settled and the probate court permits her to distribute the estate according to Theodore’s last Will. To permit Gail to keep the ranchPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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