Clester v. Clester

Citations

• 90 Kan. 638
• 135 P. 996
• 1913 Kan. LEXIS 280

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Conveyance — Husband to Wife — No Trust by Implication. The mere fact that a conveyance is between husband and wife or parent and child or between persons occupying similar intimate relationships, and that no valuable consideration passes, is not sufficient to raise a trust by implication. There must be fraud, active or constructive, some betrayal of a confidence reposed or some breach of duty imposed by such relation. Neither character of fraud will be presumed from the fact alone that the relationship of the parties is such as to suggest that a fiduciary relation might have existed.</p> <p>2. Trusts — When Constructive ' Trust Arises — Equity. A constructive trust will arise whenever the circumstances under which the property was acquired make it inequitable that it should be retained by the person who holds the legal title, but equity has no power to declare a trust and enforce it to prevent injustice merely because the transaction results inequitably to other parties.</p> <p>3. - Inequitable Conveyance to Wife — Equity Powerless to Raise a Trust by Implication. However harsh or unjust or inequitable it may appear for a husband to make a gift to his second wife of his real estate and thus deprive the children of his first marriage of all interest therein, even though ho acquired the real estate from moneys derived from their mother’s separate property, equity is powerless to raise a trust by implication and enforce it on the ground that it is necessary to prevent a failure of justice.</p> <p>4. Conveyance — By Husband to Wife — Where Burden Rests to Prove a Trust. A conveyance of real estate by the husband to the wife or a purchase in her name, the consideration being furnished by him, is presumed to be a gift, and the burden rests upon those who assert that the transaction was intended as a conveyance of the legal title to the wife to be held in trust for the husband.</p> <p>5. ■-• Husband Making Gift to Wife — When Valid. A h