In re Estate of Thornton

Miller, Judge.

The children of Barbara Jean Thornton from a previous marriage sued their stepfather Wilburn K. Thornton for mismanagement of their mother’s estate after he transferred the home where the couple had lived to himself. The trial court ruled that although the stepfather, now also deceased, had indeed mismanaged the mother’s estate, the stepfather’s heirs were nonetheless entitled to a purchase money resulting trust in the homeplace. Since no such trust was created, we affirm in part, reverse in part, and remand to the superior court on the question of damages.

*203The facts in this case…