Sperrer v. Sperrer

DOWD, Presiding Judge.

Plaintiff Mary E. Sperrer, wife of decedent Joseph Sperrer, Jr., filed suit seeking declaration of a resulting trust or other equitable relief in her favor for proceeds from the sale of a house which both she and *694her husband had occupied. The trial court, in granting plaintiff the requested relief, based its decision on two alternative theories: (1) either plaintiff’s name as a tenant by the entirety was mistakenly omitted on the warranty deed to the house by the scrivener, or (2) decedent’s failure to have title transferred to his wife constituted a constructive fraud…