KEISTLER v. KEISTLER

No. COA99-93.

522 S.E.2d 338 (1999)

Pauline W. KEISTLER; Pauline W. Keistler, as Administratrix of the Estate of Jack Mureal Keistler, Sr.; and Pauline W. Keistler; Jack Mureal Keistler, Jr.; Jill K. Gregg; Joey L. Keistler; and June K. Gibson, the heirs at law of Jack Mureal Keistler, Sr., Plaintiffs-Appellees, v. W.H. KEISTLER, Jr. and Dorothy R. Keistler, Defendants-Appellants.

Court of Appeals of North Carolina.

December 7, 1999.


Attorney(s) appearing for the Case

Perry, Patrick, Farmer & Michaux, P.A., by John H. Carmichael, Charlotte, for plaintiffs-appellees.

Larry D. Tucker and Caudle & Spears, P.A., by Harold C. Spears, Charlotte, for defendants-appellants.


WYNN, Judge.

A resulting trust may arise when one furnishes the consideration to pay for property, but title is taken in the name of another. The defendants in this case argue that a resulting trust may be imposed in favor of one owner who has paid the consideration for the property against a non-paying joint owner. Because we agree that a resulting trust may be created between co-owners, we reverse the trial court's grant of summary judgment in favor of the plaintiffs...

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