Acott v. Tomlinson

CROCKETT, Chief Justice.

Plaintiffs are six adult children of A. L. Tomlinson. They sued their brother, Leslie A. Tomlinson, to have a trust imposed upon certain mining property derived from their father’s estate, which they had quitclaimed to him, and for an accounting of proceeds. The trial court rendered judgment for plaintiffs and defendant appeals.

The fundamental problem is whether the evidence will support the determination of trust. 'Or conversely, to apply the rule of review in equity cases: does the evidence “clearly preponderate against the finding of the trial court” so that we…