resulting trust doctrine (California) · Go Syfert
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resulting trust doctrine in California

9 California opinions name it 2 courts 1923–2013 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Becker v. Public Employees' Retirement Systemgreen
calctapp · 1984 · cited in 3 California opinions naming this issue, 1985–1999
2 sentences

1999(In re Marriage of Daniels, supra, 186 Cal.App.3d at pp. 1089-1092.) The court went on to indicate, in dicta pertinent here, that even if federal law prevented treatment of the disability benefits as community property, “we would conclude . . . that husband would receive his separate property monthly payment [of disability benefits] from the federal government as a resulting trustee of wife’s share.” (Id. at p. 1092.) In support of this conclusion, the court cited In re Marriage of Mastro-paolo (1985) 166 Cal.App.3d 953 [ 213 Cal.Rptr. 26 ], which in turn relied on the reasoning of In re Marri

1999(In re Marriage of Daniels, supra, 186 Cal.App.3d at pp. 1089-1092.) The court went on to indicate, in dicta pertinent here, that even if federal law prevented treatment of the disability benefits as community property, “we would conclude . . . that husband would receive his separate property monthly payment [of disability benefits] from the federal government as a resulting trustee of wife’s share.” (Id. at p. 1092.) In support of this conclusion, the court cited In re Marriage of Mastro-paolo (1985) 166 Cal.App.3d 953 [ 213 Cal.Rptr. 26 ], which in turn relied on the reasoning of In re Marri

13
Trower v. Younggreen
calctapp · 1940 · cited in 1 California opinions naming this issue, 1966–1966
2 sentences

1966(Trower v. Young, 40 Cal.App.2d 539, 547-548 [ 105 P.2d 160 ].) It is true that the pretrial conference order made mention of respondent’s contention, among others, that there was real property in Colorado conveyed to the deceased in trust for plaintiff; in view thereof, the trial court properly permitted proof that had for its purpose the establishment of the theory on which respondent relied.

1966(Trower v. Young, 40 Cal.App.2d 539, 547-548 [ 105 P.2d 160 ].) It is true that the pretrial conference order made mention of respondent’s contention, among others, that there was real property in Colorado conveyed to the deceased in trust for plaintiff; in view thereof, the trial court properly permitted proof that had for its purpose the establishment of the theory on which respondent relied.

11
Back v. Farnsworthgreen
calctapp · 1938 · cited in 1 California opinions naming this issue, 1966–1966
2 sentences

1966It is of interest, furthermore, that the original complaint was for monies advanced and makes reference to creditor’s claims which were rejected by the executor; but in an action to establish a resulting trust no claim need be filed (Back v. Farnsworth, 25 Cal.App.2d 212, 220 [ 77 P.2d 295 ]), and the same is true of a suit to enforce a constructive trust.

1966It is of interest, furthermore, that the original complaint was for monies advanced and makes reference to creditor’s claims which were rejected by the executor; but in an action to establish a resulting trust no claim need be filed (Back v. Farnsworth, 25 Cal.App.2d 212, 220 [ 77 P.2d 295 ]), and the same is true of a suit to enforce a constructive trust.

11
Taylor v. Kellygreen
cal · 1894 · cited in 1 California opinions naming this issue, 1944–1944
2 sentences

1944(See Hardenbergh v. Bacon, 33 Cal. 356, 377 ; Roberts v. Ware, 40 Cal. 634 ; Taylor v. Kelly, 103 Cal. 178, 184 [ 37 P. 216 ]; cf. Stromerson v. Averill, 22 Cal.2d 808 [ 141 P.2d 732 ].) Where the statute of frauds did not constitute a bar the courts have given effect to the promise.

1944(See Hardenbergh v. Bacon, 33 Cal. 356, 377 ; Roberts v. Ware, 40 Cal. 634 ; Taylor v. Kelly, 103 Cal. 178, 184 [ 37 P. 216 ]; cf. Stromerson v. Averill, 22 Cal.2d 808 [ 141 P.2d 732 ].) Where the statute of frauds did not constitute a bar the courts have given effect to the promise.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Starita v. Yool green
calctapp · 2007
2 sentences

2013On October 20, 2011, the first day of trial, the trial court ruled that under Estate of Yool (2007) 151 Cal.App.4th 867 , David’s resulting trust claim did not assert an oral promise or agreement and therefore fell outside section 366.3 and was under section 343’s four-year statute of limitations.

2013It also ruled that under Estate of Yool (2007) 151 Cal.App.4th 867 , the resulting trust claim did not assert an oral promise or agreement and thus was subject to the four-year statute of limitations in section 343.

22013–2013
Fleet National Bank v. Valente (In Re Valente) green
ca1 · 2004
2 sentences

2009(Valente, supra, at pp. 262-263 .) Valente gave legal effect to the inferred intent of the debtor (as transferor) and his son (as transferee) by declaring under a “resulting trust” analysis that the debtor retained his equitable interest in the property, thus the creditor’s prior execution lien was deemed to have attached to the debtor’s equitable interest.

2009As support for the legal viability of its position, Fidelity relies on Valente, supra, 360 F.3d 256 , a federal court of appeals decision that carefully analyzed the doctrine of resulting trust under Rhode Island common law and held that a creditor may pursue a resulting trust theory (in the manner suggested by Fidelity) as a form of common law equitable relief that would supplement the state’s UFTA.

12009–2009
In Re Marriage of Mastropaolo green
calctapp · 1985
2 sentences

1999(In re Marriage of Daniels, supra, 186 Cal.App.3d at pp. 1089-1092.) The court went on to indicate, in dicta pertinent here, that even if federal law prevented treatment of the disability benefits as community property, “we would conclude . . . that husband would receive his separate property monthly payment [of disability benefits] from the federal government as a resulting trustee of wife’s share.” (Id. at p. 1092.) In support of this conclusion, the court cited In re Marriage of Mastro-paolo (1985) 166 Cal.App.3d 953 [ 213 Cal.Rptr. 26 ], which in turn relied on the reasoning of In re Marri

1999(In re Marriage of Daniels, supra, 186 Cal.App.3d at pp. 1089-1092.) The court went on to indicate, in dicta pertinent here, that even if federal law prevented treatment of the disability benefits as community property, “we would conclude . . . that husband would receive his separate property monthly payment [of disability benefits] from the federal government as a resulting trustee of wife’s share.” (Id. at p. 1092.) In support of this conclusion, the court cited In re Marriage of Mastro-paolo (1985) 166 Cal.App.3d 953 [ 213 Cal.Rptr. 26 ], which in turn relied on the reasoning of In re Marri

11999–1999
Hardenbergh v. Bacon neutral
cal · 1867
2 sentences

1944(See Hardenbergh v. Bacon, 33 Cal. 356, 377 ; Roberts v. Ware, 40 Cal. 634 ; Taylor v. Kelly, 103 Cal. 178, 184 [ 37 P. 216 ]; cf. Stromerson v. Averill, 22 Cal.2d 808 [ 141 P.2d 732 ].) Where the statute of frauds did not constitute a bar the courts have given effect to the promise.

1944(See Hardenbergh v. Bacon, 33 Cal. 356, 377 ; Roberts v. Ware, 40 Cal. 634 ; Taylor v. Kelly, 103 Cal. 178, 184 [ 37 P. 216 ]; cf. Stromerson v. Averill, 22 Cal.2d 808 [ 141 P.2d 732 ].) Where the statute of frauds did not constitute a bar the courts have given effect to the promise.

11944–1944
Roberts v. Ware neutral
cal · 1871
2 sentences

1944(See Hardenbergh v. Bacon, 33 Cal. 356, 377 ; Roberts v. Ware, 40 Cal. 634 ; Taylor v. Kelly, 103 Cal. 178, 184 [ 37 P. 216 ]; cf. Stromerson v. Averill, 22 Cal.2d 808 [ 141 P.2d 732 ].) Where the statute of frauds did not constitute a bar the courts have given effect to the promise.

1944(See Hardenbergh v. Bacon, 33 Cal. 356, 377 ; Roberts v. Ware, 40 Cal. 634 ; Taylor v. Kelly, 103 Cal. 178, 184 [ 37 P. 216 ]; cf. Stromerson v. Averill, 22 Cal.2d 808 [ 141 P.2d 732 ].) Where the statute of frauds did not constitute a bar the courts have given effect to the promise.

11944–1944
Stromerson v. Averill green
cal · 1943
2 sentences

1944(See Hardenbergh v. Bacon, 33 Cal. 356, 377 ; Roberts v. Ware, 40 Cal. 634 ; Taylor v. Kelly, 103 Cal. 178, 184 [ 37 P. 216 ]; cf. Stromerson v. Averill, 22 Cal.2d 808 [ 141 P.2d 732 ].) Where the statute of frauds did not constitute a bar the courts have given effect to the promise.

1944(See Hardenbergh v. Bacon, 33 Cal. 356, 377 ; Roberts v. Ware, 40 Cal. 634 ; Taylor v. Kelly, 103 Cal. 178, 184 [ 37 P. 216 ]; cf. Stromerson v. Averill, 22 Cal.2d 808 [ 141 P.2d 732 ].) Where the statute of frauds did not constitute a bar the courts have given effect to the promise.

11944–1944
Green v. Drummond green
md · 1869
1 sentence

1923It is, therefore, contended by his administratrix that he having furnished this consideration, the plaintiff must be deemed to have held the contract as trustee for him, and that when he traded said property for the Reedley garage he had the right to take title thereto in his *55 own name, and that he was the owner thereof at the time of his death. [1] Passing the proposition as contended for by plaintiff that the doctrine of a resulting trust does not apply to an executory contract of sale (Green v. Drummond, 31 Md. 71 [ 1 Am.

11923–1923

Statutes the citing opinions construe

USC § 10u.s.c.1408 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 9 (1923–2013) FL 4 (1937–1993) MA 4 (1958–2019) IL 4 (1960–1994) NC 3 (1947–1982) IN 3 (2012–2014) TX 2 (1977–2026) OK 2 (1950–2001) MO 2 (1992–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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