Matter of Estate of Welch

CADY, Judge.

This is an appeal by plaintiff, Patricia Fisher, from the district court’s refusal to establish a constructive trust over certain inter vivos transfers of property by her father to his wife. On our de novo review, we reverse.

George W. Welch died testate on April 25, 1991. He was sixty-nine years old. He was survived by his third wife, Dorothy Welch, and his daughter from his first marriage, Patricia Fisher. George and Dorothy had been married for eight months prior to George’s death. George was very wealthy.

Although George and Dorothy executed a prenuptial agreement, George made a…