Burleson v. McCrary

OPINION

HARBISON, Chief Justice.

In this case the trial court and Court of Appeals held that an apparent warranty deed in fee simple executed by the grantor to one of his daughters should be deemed in equity to be a conveyance in trust for the benefit of all of the five children of the grantor. The courts imposed a resulting trust upon the grantee and directed her to reconvey the property to the executor of the estate of the grantor. We affirm.

There was controverted testimony as to material issues in the case, but as the matter comes to this Court there are concurrent findings of fact. These…