ACOTT v. TOMLINSON

No. 8879.

9 Utah 2d 71 (1959)

337 P.2d 720

VADA J. TOMLINSON ACOTT, REBA TOMLINSON FULLER, RUBY TOMLINSON BEEBE, NORA E. TOMLINSON SCHOCKLEY, MARGUERITE TOMLINSON CISNEY AND ALTON E. TOMLINSON, PLAINTIFFS AND RESPONDENTS, v. LESLIE A. TOMLINSON, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF A.L. TOMLINSON, DECEASED, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

April 6, 1959.


Attorney(s) appearing for the Case

Fred H. Evans, Salt Lake City, for appellant.

Stephens, Brayton & Lowe, Thomas C. Cuthbert, Salt Lake City, for respondents.


CROCKETT, Chief Justice.

Plaintiffs are six adult children of A.L. Tomlinson. They sued their brother, Leslie A. Tomlinson, to have a trust imposed upon certain mining property derived from their father's estate, which they had quitclaimed to him, and for an accounting of proceeds. The trial court rendered judgment for plaintiffs and defendant appeals.

The fundamental problem is whether the evidence will support the determination of trust. Or conversely, to...

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