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HERSTON v. AUSTIN

1910482.

603 So.2d 976 (1992)

Ermon B. HERSTON v. Myrtle S. AUSTIN.

Supreme Court of Alabama.

August 7, 1992.

Attorney(s) appearing for the Case

Robert L. Gonce of Gonce, Young & Westbrook, Florence, for appellant.

Robert H. McKenzie of Holt, McKenzie, Holt & Mussleman, Florence, for appellee.

HORNSBY, Chief Justice.

The defendant appeals from a judgment setting aside a deed and imposing a constructive trust on a certificate of deposit and monies in a passbook saving account. We affirm.

In August 1983, Myrtle S. Austin, then 73 years old, owned a house, a $10,000 certificate of deposit, and a $5,262.64 passbook savings account. At that time, Austin was not in good health. She was losing her sight and had hearing problems. Austin transferred ownership...

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