McCuen v. Hartsock

SNELL, Justice.

This is an action in equity brought in two counts by plaintiff appellant as a beneficiary of a joint, mutual and contractual will executed by Sadie and Amos S. Hart-sock, her parents. Count I alleges that certain inter vivos transfers were made in violation of the provisions of the will. Count II asks that the money transferred be subject, to a constructive trust in favor of the plaintiff. The trial court found insufficient evidence to declare a constructive trust, but found the transfers unreasonable and ordered $10,000 (½) of the money returned to the estate of the deceased…