Kimball v. Tripp

Holding

The court held that a constructive trust arose in favor of a decedent’s heirs where an agent, holding property conveyed to him by the decedent during a perceived mortal illness, attempted to retain it for his own benefit contrary to the decedent’s oral instructions, and that such a trust could be enforced in equity notwithstanding the absence of express written terms or allegations of fraud in the procurement of the conveyances.