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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 ranch
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