Austin v. Austin

On appeal in equity from a decree by a single Justice, impressing a trust upon certain real estate in the City of Portland and ordering the defendants to convey it to the plaintiff. That the decree is warranted in law (the necessary facts being *156clearly and indubitably proven) there is no question, for it is well settled in this state that (1) where real estate is conveyed upon the faith of the promise of a grantee to make a will devising it to the grantor and failure to do so would be a fraud, equity raises a constructive trust and declares that the grantee holds the property so impressed.…