Nugent v. Shambor

This declaratory judgment proceeding is an equitable action brought by the plaintiff against the mother of his deceased wife. It centered on plaintiff’s contention that the defendant’s interest as a joint tenant in the family homestead is subject to a constructive trust making the plaintiff the sole beneficial owner. He appeals the trial court’s judgment that his mother-in-law holds a one-third interest in the property.

Plaintiff and his first wife purchased the homestead with a down payment of their own funds. The defendant joined in the note and mortgage for the balance. The deed ran to the…