EAGERTON v. FLEMING

No. 2 CA-CIV 5160.

145 Ariz. 289 (1985)

700 P.2d 1389

Jerry W. EAGERTON, Appellant, v. Robert B. FLEMING, Pima County Public Fiduciary, as Guardian for the Estate of Millard Eagerton, Appellee.

Court of Appeals of Arizona, Division 2, Department A.

April 29, 1985.


Attorney(s) appearing for the Case

R. Lamar Couser, Tucson, for appellant.

Robert B. Fleming, Pima County Public Fiduciary by Elizabeth Anne Upham, Tucson, for appellee.


OPINION

HOWARD, Judge.

The two questions considered in this appeal are whether appellant had a fiduciary duty to his father when his father gratuitously conveyed to him a parcel of real property and, if so, whether appellant's receipt of the property and personal use of the proceeds of the subsequent sale constituted a breach of that duty, invoking a constructive trust for the benefit of his father's estate. The trial court surcharged appellant in the amount...

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