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SPIESS v. SCHUMM

No. C3-89-957.

448 N.W.2d 106 (1989)

Estate of Elmer J. SPIESS, deceased, JoAnn B. Carlson, Personal Representative, Respondent, v. Frank SCHUMM, Appellant.

Court of Appeals of Minnesota.

November 28, 1989.

Attorney(s) appearing for the Case

John J. Doherty, Minneapolis, for respondent.

Michael J. Long, Theis & Long, Glencoe, for appellant.

Considered and decided by CRIPPEN, P.J., and NORTON and LOMMEN, JJ., without oral argument.

OPINION

CRIPPEN, Judge.

Appellant Frank Schumm contends the trial court erred in imposing a constructive trust for the benefit of respondent estate upon the funds of a pay-on-death account. We affirm.

FACTS

When Elmer Speiss died on May 15, 1987, he was survived by his stepdaughter, JoAnn Carlson, and her five children. Although Speiss himself had no children, he treated his stepdaughter and stepgrandchildren as his own. Speiss and appellant...

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