Ham v. Ham

LOWENSTEIN, Judge.

The judge found a resulting trust, constructive trust, and an express oral trust in this real estate matter. On appeal only the conclusion of a resulting trust is examined, since if the trial court’s judgment is sustainable on any grounds it is to be affirmed. Drydale v. Kiser, 413 S.W.2d 506, 507 (Mo.1967); Connell v. Baker, 458 S.W.2d 573, 577 (Mo.App.1970). The burden is on the party seeking the establishment of a resulting trust, and proof must be by clear and convincing evidence to exclude all doubt from the mind of the court. Dallas v. Dallas, 670 S.W.2d 535, 538…