- 11 -
testified that he was the “record” owner of the property on the
date of purchase but did not realize until “1990-whatever” that
his name was not on the title to the property. Joseph S.
Maniglia, however, signed the trust document stating that he
would “hold any and all property that may be transferred to him
as trustee hereunder for the sole benefit of the following
person, who is the sole Beneficiary hereof: Marie A. Maniglia.”11
Moreover, in connection with the 1985 refinancing, Joseph S.
Maniglia, as trustee, conveyed the property to the decedent, and
she reconveyed the property to Joseph S. Maniglia as trustee.
10(...continued)
Maniglia testified that, in addition to their joint checking
account, Joseph S. Maniglia also maintained a separate account
where he deposited his earnings from “coaching and different
things.” Mrs. Maniglia, testified that it was her understanding
that Joseph S. Maniglia and her mother-in-law, the decedent,
purchased the property with Joseph S. Maniglia providing the
$25,000 downpayment from his separate account. Mrs. Maniglia
also testified, however, that she had no knowledge of how much
money was in Joseph S. Maniglia’s separate account and that she
never read any of his bank statements. Mrs. Maniglia further
testified that Joseph S. Maniglia and the decedent equally split
the proceeds from the 1985 refinancing, but that she was not sure
where Joseph S. Maniglia placed the proceeds from the
transaction. She personally did not have access to the funds,
but stated that if she wanted money, she “just got it from Joe
[Joseph S. Maniglia].”
11 At trial, respondent offered evidence of two mortgages
secured by other properties in Joseph S. Maniglia’s name dated
Feb. 27, 1977, in the amount of $22,000, and Jan. 25, 1980, in
the amount of $90,000. Joseph S. Maniglia’s name was on the
mortgage documents relating to both other properties, but not on
the mortgage on the property. These mortgages on other
properties tend to show that Joseph S. Maniglia should have
understood the import of the documents he signed regarding the
property.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011