Hawkins v. Hawkins

Nichols, Chief Justice.

Louise Hawkins sued her husband, Lucies Hawkins, for divorce. Lucies counterclaimed seeking to impress a trust on real property conveyed by him to her during their marriage. Louise died pending suit and Leola Phipps, her executrix, was substituted as a party.

Lucies sought to prove that he and Louise intended for the warranty deed to operate as a trust deed by introducing the testimony of his brothers, Rich Hawkins and Robert Hawkins, regarding conversations each of them had with Louise before her death. The trial court found as facts that Rich Hawkins and Robert Hawkins…