Woodward v. Kleese, 2007-T-0002 (9-28-2007)

OPINION

{¶ 1} James M. Kleese appeals from the judgment of the Trumbull County Court of Common Pleas, adopting the magistrate's decision, and imposing a resulting trust in the amount of $25,000 in favor of Ila Jean Woodward. We affirm.

{¶ 2} Mrs. Woodward was separated from her husband, Thomas R. Woodward. In 1999, the late Mr. Woodward became ill, and advised Mrs. Woodward and several of their children that he had a large sum of money stored in a strongbox beneath his bed. He wished for his wife to receive this money on his death.

{¶ 3} When the elder Mr. Woodward died in July 1999, two of the…