[DOWNLOAD] "Frank F. Fix v. Wilhelmina (Billie) T. Fix" by Supreme Court of New Mexico * Book PDF Kindle ePub Free
eBook details
- Title: Frank F. Fix v. Wilhelmina (Billie) T. Fix
- Author : Supreme Court of New Mexico
- Release Date : January 23, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Wilhelmina (Billie) Fix appeals from the trial courts judgment imposing a constructive trust on money held in a joint savings account and a joint checking account in the names of Billie and her deceased sister, Catherine Liggett. The court found that Billie enjoyed a confidential relationship with Catherine with the understanding that Billie would divide the money equally among herself and her brothers, Frank, Nicholas, and John, after Catherines death. The Missouri Court of Appeals, Western District, reversed the trial court. This Court granted transfer of the case to examine the issue of admissibility of certain evidence in view of the 1985 amendment to § 491.010, RSMo 1986, which abolished the disqualification of interested witnesses in civil actions where one party is dead or incompetent and the adverse party testifies with respect to the contract, transaction, or cause of action. Id. That issue need not be addressed because, even if the evidence at issue is admitted, there is insufficient evidence to allow imposition of a constructive trust. Reversed and remanded.