In the Matter of the Estate of Rayma Percell (Lohman v. Headley)
2012 UT App 337
| Utah Ct. App. | 2012Background
- Headley and Percell began dating in 1991; Headley moved into Percell’s home in 1992, later conveyed to joint tenancy with Headley.
- Percell owned two properties jointly with Headley and owned the Cadillac Ranch RV Park; Headley owned Juanco Construction.
- In 1995, Headley and Percell agreed to purchase a used tractor (Massey Ferguson 180) for Cadillac Ranch; Percell listed as owner on the purchase order and paid initial and remaining amounts.
- Percell paid tractor taxes 1995–1997; Headley paid insurance on the tractor for some years and taxes since 2002.
- Percell died in December 2009; Lohman (Percell’s daughter) was appointed personal representative in March 2010; Lohman filed a motion for delivery of property in February 2011; Headley objected claiming ownership of the tractor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Headley rebutted the ownership presumption from the bill of sale. | Headley argues fourteen years of exclusive possession and expenditures show equitable ownership. | Lohman argues the district court should rely on the bill of sale and not consider other ownership factors. | No; district court did not err in affirming ownership in the estate. |
| Whether the court properly weighed the nine equitable-ownership factors. | Headley contends all factors support ownership in him. | Lohman contends factors still favor Percell’s ownership; court could weigh evidence differently. | Court properly weighed evidence and found stronger support for Percell’s ownership. |
Key Cases Cited
- Johnston v. Simpson, 621 P.2d 688 (Utah 1980) (nine-factor framework for equitable ownership)
- Dahl v. Prince, 230 P.2d 328 (Utah 1951) (equitable-ownership considerations)
- Pacific Intermountain Express Co. v. State Tax Comm’n, 161 P.2d 359 (Utah 1945) (ownership by investment and control factors)
- Jackson v. James, 89 P.2d 235 (Utah 1939) (early owner-transfer considerations)
- Allstate Ins. Co. v. Liberty Mut. Ins Grp., 868 P.2d 110 (Utah Ct. App. 1994) (ownership and control considerations in property disputes)
- Lake Philgas Serv. v. Valley Bank & Trust Co., 845 P.2d 951 (Utah Ct. App. 1993) (evidence weighting in ownership disputes)
- Poll v. Poll, 2011 UT App 307, 263 P.3d 534 (Utah 2011) (trial court may weigh conflicting evidence; credibility of witnesses)