Menck v. Driscoll

The parties to this dispute are a mother and her two daughters. At issue is the parents’ intent in creating a trust. Patricia Driscoll, the mother, claims that she is the owner of one-half of the real property held in trust by virtue of a judgment dissolving her marriage. The children contend that the real property was conveyed to the trust during the parents’ marriage for the benefit of the children during their minority. The ownership issue arose when Mrs. Dris-coll sought authority of the court to sell the real property. Both sides relied on affidavits to explain interlineations in the…