112 So. 2d 298 | Fla. Dist. Ct. App. | 1959
This is an appeal from a decree for plaintiff, the appellee Leonard Mills, in a proceeding in chancery in the Circuit Court for Hernando County, initiated by him in his capacity as administrator of the estate of his deceased mother, Amy.
The complaint, entitled as a bill to set aside a deed and impose a trust, alleged ins substance
In supporting the decree upon this appeal plaintiff proceeds solely on the well
A study of these and other decisions, however, fails to reveal any conflict with the principle which is determinative of this case: a constructive trust does not arise merely from breach of an oral agreement by a grantee to re-convey, and neither this nor the equitable device of resulting trusts
Such a motivation, asserted as evidence that a grantor never intended his conveyance to operate as a relinquishment of the beneficial interest in his property, would seem to be basically inconsistent with the doctrine of constructive trusts, ordinarily imposed where a grantor does in fact intend to make a good and valid conveyance of his full property interest, but is induced to do so by inequitable means or conduct of the grantee. The character of conduct which initiates the conveyance obviously must be more than a promise of reconveyance, subsequently breached. The direct allegation in the instant case that the grantor was advised by defendant “and others” that a conveyance would be “to her advantage” tends, in fact, to negative the existence of any unconscionable advantage or influence resulting from the family relationship between the parties, which does not in any event give rise to a presumption of abuse of confidence.
The facts asserted bring the case squarely within the rule of earlier cases
While a misapprehension of the applicable rules of law hereinabove outlined appears also to have infected the findings and conclusions of the court upon the evidence so, as to require reversal upon that ground, we are of' the opinion that the complaint, showing on its face a fatal deficiency, was erroneously sustained at the outset, and that defendant’s motion to dismiss upon the grounds specified should have been granted.
The judgment is accordingly reversed and the cause remanded for entry of such an order.
. The material allegations were that the decedent had been “advised by the defendant John P. Mills, her brother, and others, that it would be to her advantage to convey all her property, real and personal, without consideration to some person she could trust to hold it for her * * that the deceased was a woman of meager education and did not fully comprehend or understand the legal imjilica-tions of the advice so given; that nevertheless she decided to convey her title to her brother, John P. Mills * * * that the said Amy A. Mills conveyed said property with the express or implied understanding that the defendant would re-convey said property back to her upon her request; that the defendant agreed to the above and paid no money or any other consideration for said conveyance * * * that the said Amy A. Mills died in an automobile accident on May 18, 1957 and did not during her lifetime request the defendant to re-convey * * * Wherefore, plaintiff prays that the Court * * * will void and set aside the conveyances * * * or in the alternative impose a trust upon the defendant as ta said property.”
. Seestedt v. Southern Laundry, 149 Fla. 402, 5 So.2d 859, 861.
. See Williams v. Grogan, Fla., 100 So.2d 407, dealing 'with concealment of material facts by a fiduciary.
. Wadlington v. Edwards, Fla., 92 So.2d 629.
. 54 Am.Jur. Trusts, Sec. 231, and Sec. 202.
. For a clear statement of the burden of proof in such cases see Tillman v. Pitt Cole Co., Fla., 82 So.2d 672.
. See Rappaport v. Kalstein, 156 Fla. 722, 24 So.2d 801, 802: “This court is committed to the doctrine that no trust can arise in favor of the person participating in a fraudulent transaction.” Annotation 35 A.L.R. 296; 45 A.L.R. 853; 80 A.L.R. 201; 129 A.L.R. 694.
. Ibid. Cf. Williams v. Grogan, note 3, supra.
. Crockett v. Crockett, 145 Fla. 311, 199 So. 337; Rappaport v. Kalstein, note 7, supra.
. “689.05 Soio declarations of trust proved. All declarations and creations of trust and confidence of or in any mes-suages, lands, tenements or heredita-ments shall be manifested and proved by some writing, signed by the party authorized by law to declare or create such trust or confidence, or by his last will and testament, or else they shall be utterly void and of none effect; provided, always, that where any conveyance shall be made of any lands, messuages or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by the act and operation of