THURN v. McARA

Calendar No. 4, Docket No. 50,359.

374 Mich. 22 (1964)

130 N.W.2d 887

THURN v. McARA.

Supreme Court of Michigan.

Decided November 2, 1964.


Attorney(s) appearing for the Case

Cline & George (Francis J. George, of counsel), for plaintiff.

Milliken & Magee, for defendants Watson and Burks.


SOURIS, J.

Many, if not most, courts in this country, as well as England's, impose constructive trusts upon property acquired by intestate succession by one who induced a decedent to make no will by expressly or impliedly agreeing to hold such property for the benefit of another and, after death of the decedent intestate, refuses to do so. The authorities, none from Michigan, are collected in the classic texts on equity,...

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