159 Iowa 394 | Iowa | 1913
The principal parties to this action are the children and heirs at law of Eliza J. McGinnis, deceased, who died intestate in January, 1911. After the death of said deceased her daughter Mary Jane McGinnis, holding title to a certain farm conveyed it to one Rolf. Thereupon plaintiffs, sons of the deceased, claiming that their said sister had held the land in trust for Eliza J. McGinnis, began this action in equity to have the said trust judicially established and impressed upon the moneys received in consideration for said conveyance. Upon trial to the court the plaintiff’s bill was dismissed, and from that decision they appeal. -The theory of the appellants is that their mother furnished a large part of the consideration for the land in question, and that the title was taken by Mary Jane under circumstances equitably impressing it with- a resulting or constructive trust in favor of her mother in proportion to the contribution by the latter to the purchase price. They further allege facts tending to show that the said Mary Jane took said title under an express agreement of trust whereby she was to hold the same during the life of her mother, and, upon the death of the latter, to distribute the trust property to her heirs.
Counsel upon either side have favored the court with unusually extensive briefs stating very many propositions of fact and of law, and citing and quoting in support of their
It is shown that Eliza J. McGinnis was a widow; that she died without will; and that all her heirs are parties to this proceeding, though but three of them unite as plaintiffs and appellants. At the time the alleged trust is said to have been created, the husband of Mrs. McGinnis had been dead for a considerable period, and his estate had been settled and distributed to his widow and heirs as provided by law. All of her children, except her daughter Mary Jane, had left the maternal home and gone out to make their ovni way in the world. Mrs. McGinnis was then possessed of about $6,000 in money deposited in bank and for which deposit she held certificates. In July of the year 1907 she entered into a written contract with one Carpenter for the purchase of the farm in question at the agreed price of' $18,000; conveyance to be
So, too, it may be said that the charge and claim that appellee acquired the title by fraud or deception practiced upon her mother is without any fair support in the evidence, and can only be inferred by attributing an evil purpose to conduct which is entirely consistent with the theory of good faith on her part. The burden is therefore upon the appellants to overcome the presumption of gift or advancement.
For this purpose reliance is chiefly placed upon the alleged conduct of the mother, and daughter with respect to the property and upon certain statements attributed to the mother by some of the witnesses. It is said, as we have before suggested, that the mother was the active manager of the land and took a principal part in renting It and offering it for sale. But there is nothing in this showing which conclusively sustains the theory of ownership on her part. • She was the mother of the appellee, and, as we have said, the managing factor of the little family. She had advanced a large share of the cash payment, and, according to appellee’s showing, was to have a life interest in, or at least a life support
Concerning the statements said to have been made by Mrs. McGinnis of her intent or purpose in directing Carpenter to convey the land to Mary Jane, the evidence is even less persuasive. But one witness testifies, with any degree of positiveness, to statements made at the time of the transfer which are clearly inconsistent with the appellee’s claim. Without in any manner impeaching the good faith of that witness, it may be said that the interest or bias manifested by him is such as to materially diminish the weight and value of his testimony, and we are not disposed to say that his version of the case shall be given effect against the clear preponderance of all the other evidence in favor of the appellee.
But counsel „say that, if appellee by her promises, representations, and agreements, made with a secret intent not to carry them out, obtained the property from her mother, she will be estopped to rely upon the rule which invalidates express .trusts not evidenced in writing, and will be held as the trustee of a constructive trust. All this may be admitted for the purposes of the case before us, but we must still say that no state of facts has been established calling for an application of the rule. Indeed, with slight exceptions, there is little room to differ with counsel upon the legal propositions so elaborately argued in their briefs, but, as we have repeatedly indicated, we must hold that appellants, upon whom lies the burden of proof, have failed to make sufficient proof of the essential allegations of their petition, and the superior court properly denied the relief demanded.
No good ground appears for disturbing the decree of the trial court, and it is therefore Affirmed.