An estates dispute arose over ownership of a residential property transferred by elderly parents to a daughter as a joint tenant without consideration.
The applicants alleged the transfer was invalid due to non est factum, undue influence, or a resulting trust, and alternatively argued that a later transfer severed the joint tenancy.
The court found the parents understood the nature and consequences of the transaction and intended to make a complete inter vivos gift, thereby rebutting the presumption of resulting trust under Pecore.
The court also held the later transfer into the daughter’s sole legal title accompanied by a declaration of trust did not sever the joint tenancy.
The property was ordered sold with net proceeds divided equally between the surviving parent and the daughter, and the daughter’s claim for reimbursement for renovations was dismissed for lack of proof.
