Somer v. Bogart

ROWE, Justice.

Joseph Somer and Phyllis Somer, as husband and wife (the Somers), appeal an order of the trial court awarding title to a parcel of land in Dallas, Texas, pursuant to a resulting trust, to Theodore Bogart, Lynn Bogart, Irene Warsaw, and Phyllis Somer (the Bogart beneficiaries), devisees under the wills of Allen and Gertrude Bogart, both deceased. In two points of error, the Somers urge: (1) that the trial court erred in failing to instruct the jury that the burden of proof for imposing a resulting trust on the parcel of land in question is by “clear and convincing evidence”; and…