Tokarski v. Gates

Plaintiff, Joseph Tokarski, appeals from a judgment of the Windsor Superior Court awarding defendants, Fred A. and Shirley R. Gates, an undivided one-half interest in certain real property located in Barnard, Vermont. At trial, and here on appeal, plaintiff has asserted that he owns the entire property by resulting trust.

In 1964, plaintiff and defendant Fred Gates, who had known each other in the military, decided to purchase the land in question. Title was taken in the names of plaintiff and defendants, plaintiff receiving an undivided one-half interest, and defendants (husband and wife)…