Monroe v. Gibson

SMART, Presiding Judge.

This case concerns the degree and type of proof necessary to authorize the imposition of a constructive trust on the proceeds of joint bank accounts following the death of the depositor.

Florence Hayward, a long-time resident of St. Joseph, had been a widow for many years at the time of her death in 1990. She was 92. She had no children, but she had maintained close ties to her siblings, their children, and their grandchildren. Mrs. Hayward lived frugally on a modest income, accumulating personal assets amounting to approximately $550,000.00 at the time of her death.

One…