Briggs v. Richardson

Ness, Justice:

Respondents Briggs and Hutto brought this action to impose a constructive trust on all properties of the estate of the deceased mother of the parties, seeking an accounting, and a partition. This appeal is from an order overruling a demurrer and certain motions interposed by appellants. We affirm.

The parties’ mother, Elizabeth Richardson, died in January, 1975. Prior to October 31, 1969, she executed a will dividing her property among her five children. On October 31, 1969, Mrs. Richardson executed another will whereby a 249 acre tract of land was devised to appellant Lucien E.…