Fleming v. Aiken

The issue in this case is whether the évidence compelled a finding that sufficient funds were available on the wards’ account to warrant the imposition of a constructive trust upon real property acquired at a tax sale by a guardian who was a tenant in common with his wards. We hold that no such finding was compelled.

This case was originally before the court in Fleming v. Aiken, 117 N.H. 1053, 381 A.2d 756 (1977). There we sustained the imposition of a constructive trust upon a one-half interest in the real property that the defendant had originally inherited in common with his sisters,…