Eagerton v. Fleming

OPINION

HOWARD, Judge.

The two questions considered in this appeal are whether appellant had a fiduciary duty to his father when his father gratuitously conveyed to him a parcel of real property and, if so, whether appellant’s receipt of the property and personal use of the proceeds of the subsequent sale constituted a breach of that duty, invoking a constructive trust for the benefit of his father’s estate. The trial court surcharged appellant in the amount of $4,000—the entire net proceeds from the sale. We affirm.

In 1969, at approximately age 50, Millard Eagerton sustained head injuries that…