Winchell v. Mixter

By their suit plaintiffs sought to have a constructive trust in their behalf decreed in property hereinafter designated. After proofs in open court, the circuit judge held plaintiffs had not established their right to relief, particularly “that plaintiffs have failed to sustain the burden which rested upon them to establish the contract alleged in their bill of complaint.” A decree dismissing the bill of complaint was entered and plaintiffs have appealed.

W. Dorwin Winchell, a resident of Tuscola county, died testate in October, 1911', leaving an estate of a value between $10,000 and $11,000.…