Nigro v. Nigro

This is an appeal from an interlocutory decree confirming a master’s report and from a final decree dismissing the plaintiff’s bill. The plaintiff (Carl), the owner of 45 shares of stock of the defendant corporation, seeks to impose a resulting trust in his favor upon five of the remaining 55 outstanding shares held by the individual defendant (Samuel), Carl’s brother. Carl’s claim to a resulting trust in five of the shares issued to Samuel is based upon the assumption that, when their partnership was incorporated, it was understood that the brothers were to hold equal shares in the…