Simmons v. Smith

Central to the various claims asserted in the pleadings of the parties, brother and sister, is the issue whether their mother and father, both deceased, held title to certain premises located in New Bedford as beneficial owners or as trustees for the brother. This question whether “[t]here did exist a resulting trust in favor of” the brother was put to a jury *776and, upon their affirmative response, judgment in the brother’s favor entered on all the claims. We affirm.

I. The Facts.

The following evidence was put before the jury. Between the years 1957 and 1962 the brother operated a service…