Joerres v. Koscielniak

The defendants state that, although the trial court found specifically they were trustees under an implied trust, it appears from other findings of fact that they were held to have been trustees under a constructive trust. Generally, implied trusts are those that arise by operation of law, and the term is sufficiently broad to cover constructive trusts and also resulting trusts in those states that recognize them. Sec. 231.06, Stats., refers to implied trusts and provides that prior sections of the statutes abolishing uses and trusts in part shall not extend to trusts arising by implication…