Herston v. Austin

The defendant appeals from a judgment setting aside a deed and imposing a constructive trust on a certificate of deposit and monies in a passbook saving account. We affirm.

In August 1983, Myrtle S. Austin, then 73 years old, owned a house, a $10,000 certificate of deposit, and a $5,262.64 passbook savings account. At that time, Austin was not in good health. She was losing her sight and had hearing problems. Austin transferred ownership of the certificate of deposit and the passbook savings to her son, Ermon B. Herston, on August 29, 1983, and October 3, 1983, respectively. On November 23,…