Cousatte v. Lucas

Caplinger, J.:

Orvey Cousatte brought this action in die district court seeking imposition of a constructive trust on the home of Viola Caroline Lucas, who was the beneficiary of a trust created by Cousatte’s deceased half-sister, Imogene Collier. Cousatte alleged that because Lucas exercised undue influence over Collier in the execution of Collier’s trust, and because Lucas’ home was purchased with proceeds traceable to assets from that trust, Cousatte was entitled to the imposition of a constructive trust on Lucas’ home. The district court denied Cousatte’s request.

We hold that Cousatte…