711 S.E.2d 878
S.C.2011Background
- Respondent Harvey L. Foster deeded his home to Jean F. Burbage as trustee while reserving a life estate, on which an affidavit claimed exemption from recording fees.
- Burbage used funds from Foster’s joint checking account, depositing 73,800 into her money market account after transferring from the joint account.
- Proceeds from a 45,000 CD were among the funds deposited into Burbage’s money market account.
- The circuit court granted summary judgment voiding the deed and imposing a constructive trust for 73,800; property returned to Foster.
- Court of Appeals affirmed in part, reversed in part, holding a genuine issue whether 45,000 of the 73,800 was a gift and affirming voiding of the deed; offset/credit issues were not preserved for appeal.
- Overall holding: deed voided; 28,800 of the 73,800 found actionable; petitioners must return 28,800; credit for care expenses not preserved or established.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court err in affirming the deed voiding? | Foster argues deed invalid as there was no valid land trust. | Petitioners contend trust implied or established; deed should stand. | Affirmed deed voiding; no valid trust in land. |
| Should petitioners return 28,800 rather than a different amount? | Foster seeks full return or offset against care expenses. | Petitioners claim offset for care expenses; however, no preservation of such claim. | Affirmed return of 28,800; offset claim not preserved for appeal. |
Key Cases Cited
- Ramage v. Ramage, 283 S.C. 239, 322 S.E.2d 22 (Ct.App. 1984) (land trust may be proved by more than one writing signed by settlor)
- Rutledge v. Smith, 6 S.C.Eq. (1 McCord Eq.) 119 (1825) (title held in own name can reflect trustee relationship under grantor's will)