Cooke v. Belzer

OPINION

A. PAUL LOMMEN, Judge.

This is an appeal from a declaratory judgment awarding respondent proceeds from a 1984 sale of real estate. Respondent claims the proceeds as residuary beneficiary of her deceased husband. The trial court found that respondent’s husband held a one quarter interest in a real estate investment partnership at the time of his death in 1983. Appellant claims that respondent’s husband assigned this one quarter interest to him in 1981 by either gift or contract of sale.

The trial court held that there was no gift from respondent’s husband to appellant because the parties…