Higgins v. Higgins

Opinion

KRIEGLER, Acting P. J.

—A wife agreed to hold funds in trust for her husband’s elderly stepmother. After her husband’s death, the wife changed the form of the accounts and used the funds for her own purposes. The stepmother died and her personal representative brought this action to impose a constructive trust on the funds. At the conclusion of the personal representative’s case-in-chief, the trial court granted judgment in favor of the wife under Code of Civil Procedure section 631.8. The trial court found the husband committed no wrongdoing in transferring the funds to the accounts,…