FLEMING v. AIKEN

No. 7830.

117 N.H. 1053 (1977)

HELENA C. FLEMING & a. v. CHARLES LOWE AIKEN, SR.

Supreme Court of New Hampshire.

December 30, 1977.


Attorney(s) appearing for the Case

Bussiere & McHugh, of Manchester (Mr. Kenneth R. McHugh orally), for the plaintiffs.

Buckley & Zopf, of Claremont (Mr. Robert B. Buckley, Jr., orally), for the defendant.


GRIMES, J.

The issue in this case is whether a constructive trust was properly imposed upon real property acquired at a tax sale by a guardian who was a tenant-in-common with his wards.

Plaintiffs Jane, who died after commencement of the action, and Helena are sisters of the defendant. In 1940 the parties, together with a brother John, acquired a one-half interest in the property in question by will of their father. The property consists of a part of an island...

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