Spain v. Stubbs

Deen, Chief Judge.

In July, 1972, Mrs. Spain deeded certain property to her eight children as tenants in common. Apparently in fulfillment of a contemporary agreement these children then signed an agreement making two of them, appellants Austin Spain and Lois Spain McCulloch, attorneys in fact for the group to sell the property, collect the proceeds, and “hold the same in trust for the use and benefit of our mother,” using the fund to pay for her support and medical care. The money was in fact put into certificates of deposit, each bearing the name of a sibling plus the two attorneys in fact.…