FLEMING v. AIKEN

No. 79-155.

119 N.H. 949 (1979)

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

Supreme Court of New Hampshire.

December 28, 1979.


Attorney(s) appearing for the Case

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

Buckley & Zopf, of Claremont (R. Wells Chandler orally), for the defendant.


GRIMES, C.J.

The issue in this case is whether the evidence compelled a finding that sufficient funds were available on the wards' account to warrant the imposition of a constructive trust upon real property acquired at a tax sale by a guardian who was a tenant in common with his wards. We hold that no such finding was compelled.

This case was originally before the court in Fleming v. Aiken, 117 N.H. 1053, 381 A.2d 756...

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