249 Mass. 543 | Mass. | 1924
The defendants, with the exception of Michael J. Lynch and Mary Lynch, his wife, in their answer admit the material allegations of the bill and further state “ that they desire to have carried out the agreement referred
_ James Lynch, the father, died intestate on February 12, 1923, leaving a widow who is one of the defendants. The plaintiff Daniel J. Lynch from time to time contributed various sums amounting to $520 toward the liquidation of the mortgage; and the plaintiff James Lynch, Jr., also has paid $800 in the same way and for the same purpose. The defendant Michael J. Lynch received these payments and applied them in satisfaction of the mortgage with accrued interest, and the remainder of the mortgage debt was contributed by him. The mortgage note or debt was paid on March 8, 1911; but the mortgage was not cancelled. It was assigned to Michael without the knowledge or consent of the
It is clear on these findings, which are amply supported by the testimony of the plaintiff Daniel J. Lynch, that Michael secretly acquired title from his father with knowledge that the plaintiffs had contributed substantial payments toward the purchase price in accordance with the original understanding and agreement of the parties; and that Mary Lynch, not being a purchaser for value but a volunteer, has no better title than her husband. The judge on these facts further found and ruled that the property was subject to a resulting trust in favor of the plaintiffs to the extent of their respective contributions.
The sole contention of the defendants is that the failure of the plaintiffs to pay any part of the purchase price when title passed to the father, as well as the absence of any agreement as to the aliquot shares, is decisive that no resulting trust was established and that the ruling was wrong. A trust may be established in favor of one who furnishes the consideration, even if the deed is taken by a third party, and the plaintiffs, not being parties, are not estopped by the recitals in the deed to their father. Blodgett v. Hildreth, 103 Mass. 484, 487. The intention of the parties who directed the transaction controls. The defendant, Michael, was not buying for himself. It was mutually understood that the money he advanced in cash to obtain the equity was only part of the purchase price; the entire amount being the cash payment and the outstanding mortgage, to the payment of which all were to contribute. The trust, which may be shown by paroi evidence, at its inception, was entered into in good faith and in furtherance of fair and honest dealing. Black v. Black, 4 Pick. 234. It was wholly unnecessary that the consideration furnished by the plaintiffs should be money advanced or paid at the time of the conveyance. It is sufficient if that which in fact formed ■part of the consideration for the transfer moved from the
It is manifest that the money furnished to pay the mortgage was not lent to their father, but, as we have said, formed part of the purchase price, and the contributions gave to each of them a proportional interest in the real estate, susceptible of calculation and easily ascertain'able. Blodgett v. Hildreth, supra. Hayward v. Cain, 110 Mass. 273. Skehill v. Abbott, 184 Mass. 145. Pollock v. Pollock, 223 Mass. 382.
The acts of Michael, in obtaining the deed as well as the conveyance to his wife, were fraudulent as to the plaintiffs and their rights are to be ascertained as if the intestate had died seised of the property. If the plaintiffs are entitled to prevail, the defendants do not question the frame and scope of the decree which, for the reasons stated, should be affirmed with costs.
Ordered accordingly.