Brecel v. Carlstedt

This action was brought by Emil Brecel, seeking to set aside a quitclaim deed from his mother to herself and his sister, Erna Carlstedt, as joint tenants which was executed approximately two months before the mother’s death; or, in the alternative, that the court decree that Ema be declared to be a constructive trustee for the benefit of plaintiff as to one-half of the subject real estate.

The plaintiff has raised five issues. The first is that the defendants did not establish the existence of a valid inter vivos gift of the real estate, plaintiff contending the burden is on the donee to prove…