FENDERSON v. FENDERSON


454 Pa.Super. 412 (1996)

685 A.2d 600

Rosemarie FENDERSON, Executrix of the Will of Bryan Fenderson, Deceased, Appellant, v. Lettie Austin FENDERSON, Executrix of the Will of Elizabeth Craft, Deceased.

Superior Court of Pennsylvania.

Filed November 26, 1996.


Attorney(s) appearing for the Case

Thomas M. Thistle, Jr., Philadelphia, for appellant.

Carol A. Black, Philadelphia, for appellee.

Before DEL SOLE, POPOVICH and BECK, JJ.


BECK, Judge:

Appellant-plaintiff Rosemarie Fenderson, as Executrix of the Will of Bryan Fenderson, sought an ownership interest in real property under the following theories: (1) resulting trust; (2) constructive trust; and (3) an express oral agreement. A judgment was entered by the court refusing to impose a resulting or constructive trust. The chancellor found that appellant failed to prove by clear, explicit and direct evidence that Bryan Fenderson's estate was...

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