Foster v. Foster

We granted certiorari to review the Court of Appeals’ decision in this constructive trust case brought by respondent against his three children (petitioners) seeking title to his home and the return of certain funds. Foster v. Foster, 384 S.C. 380, 682 S.E.2d 312 (Ct.App.2009). We affirm.

FACTS

In 2004, respondent purported to deed his home to petitioner Burbage. In the deed, he conveyed the house to “JEAN F. BURBAGE, AS TRUSTEE” while reserving for himself a life estate. On the same day the deed was signed, respondent’s attorney executed an affidavit to the effect that the property transfer…