[Download] "Joseph Somer and Phyllis Somer v. Theodore Bogart" by Fifth District, Dallas Court of Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Joseph Somer and Phyllis Somer v. Theodore Bogart
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 25, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Joseph Somer and Phyllis Somer, as husband and wife (the Somers), appeal an order of the trial court awarding title to a parcel of land in Dallas, Texas, pursuant to a resulting trust, to Theodore Bogart, Lynn Bogart, Irene Warsaw, and Phyllis Somer (the Bogart beneficiaries), devisees under the wills of Allen and Gertrude Bogart, both deceased. In two points of error, the Somers urge: (1) that the trial court erred in failing to instruct the jury that the burden of proof for imposing a resulting trust on the parcel of land in question is by "clear and convincing evidence"; and (2) that the trial court erred in refusing to submit a special issue relating to the statute of limitations. We sustain the Somers first point of error, overrule their second point of error, reverse the trial courts judgment, and remand the cause for a new trial.