French v. French

In French v. French, 125 Ariz. 12, 606 P.2d 830 (App. 1980), the parents of three children deeded a parcel of land to their eldest son, Clyde, with the understanding that he would hold it for himself, his sister, and his younger brother. After the sister died, Clyde agreed to deed the property to his younger brother's son, Bert, provided Clyde's wife would have a life estate in the property. But, before Clyde died, he transferred ownership to himself and his wife as joint tenants. After he died, the wife conveyed the property in joint tenancy to herself, Bert, and his wife. The trial court found that the parties had intended Bert alone to own the property, with a life estate in Clyde's wife, and imposed a constructive trust. The Court affirmed, stating that "a constructive trust arises when one who has rightfully acquired property may not in good conscience retain it. " 125 Ariz. at 14, 606 P.2d at 832.