Mischke v. Mischke

In this equity action, Martin Julius Mischke, personal representative of the estate of his brother Stanley Mischke, sought an accounting and return to Stanley’s estate of personal and real property he alleges was unlawfully transferred to his brothers Jerome, Gordon, and Cyrus Mischke.

Jerome, Gordon, and Cyrus appeal from the district court’s order finding that they hold Stanley’s interest in three parcels of real estate in a constructive trust and must convey the real and personal property transferred to them to Stanley’s estate.

Upon de novo review of the record, we affirm the judgment of…