Birney v. Birney

217 Cal. 353 ·

Supreme Court of California · Filed

Published · citable

Holding

The court held that a father who transferred securities to his daughter under the false pretense that she would hold them for his protection against his second wife established a resulting trust in his favor, and that his unclean hands in a separate marital proceeding did not bar his equitable claim against a grantee who had procured the transfer through undue influence and a violation of fiduciary duty.

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