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Kent v. Klein

352 Mich. 652 (1958)

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Kent v. Klein

Michigan Supreme Court

352 Mich. 652 (1958)

Facts

Barbara Klein had six children and intended to convey five portions of her property to five of her children. The sixth child had been helped by Barbara in other ways. However, John Klein, one of the five children intended to receive a portion of the land, had been unwell and had been admitted to various mental institutions. Barbara decided to convey John’s portion of the property to her daughter Edith Klein (defendant), who did not have any creditors, in addition to Edith’s own portion of the property. Barbara made the conveyances through two separate deeds. The deed for the land intended for John was recorded but was not delivered to Edith. When John died, Edith was asked to convey the property to John’s widow and son (plaintiffs), but Edith refused. John’s widow and son filed an action seeking an equitable remedy. The trial court determined that Barbara intended the property to be held in trust for John and imposed a constructive trust upon the land. The trial court then ordered specific performance of the trust by requiring the conveyance of the property from Edith to John’s widow and son. Edith appealed.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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