Terry v. West

MILLER, Presiding Judge.

In 1988, siblings Linda J. Terry, age 34, and David J. Storie, age 32, brought this action against their 73 year old maternal grandmother, Cora E. West, claiming that 27 years earlier-in 1956-their maternal grandfather and legal guardian, Herbert West, used their funds to purchase a 28 acre tract including a farmhouse. They sought to impose a constructive trust on the remaining 19 acres which had passed to Cora as the surviving owner upon the death of Herbert in 1970. The trial court made findings of fact and concluded that the wards had failed by clear and distinct…