Martin v. Tucker

Streissguth, Justice.

Plaintiff, asserting two causes of action, seeks to establish a constructive trust in his favor (1) in certain real estate to which his wife, at the time of her decease, held title as vendor under a contract for deed, and (2) in a certain mortgage then held by her upon other real estate. In the alternative, he asks for an equitable lien for the value of services performed by him in improving the real estate.

Plaintiff and Emma Brown, a widow with two adult daughters, married in 1934. Before entering into the marriage, plaintiff and the then Mrs. Brown executed a written…