Monday, November 11, 2013

Jimenez v. Lee case brief

Jimenez v. Lee case brief summary
547 P.2d 126 (1976)

Plaintiff daughter appealed a decree of the Circuit Court, Marion County (Oregon), which dismissed her complaint against defendant father to compel him to account for assets that the daughter alleged were held in trust by the father as trustee for her.


The daughter's paternal grandmother and a client of the father both made separate gifts for the daughter's benefit. The father invested the proceeds of both gifts in bank stock. He took title thereto as custodian for his children. The trial court found that the father did not hold the funds in trust for the benefit of the daughter, but as custodian. On appeal, the court held that the intent of the donors was enough to vest beneficial ownership in the daughter, thereby creating a trust. The father, an attorney, also demonstrated that he knew the savings bond was held in trust.


The court found that the father breached his duty to the daughter to administer the trust solely in the interest of her as beneficiary where he never provided any accounting and used some of the money for purposes other than the daughter's educational needs.


The court reversed the trial court's decree dismissing the daughter's case and remanded with instructions for an accounting to be predicated upon a trustee's duty to account, and the father's burden to prove that the expenditures were made for trust purposes.

Suggested Study Aids For Wills, Trusts & Estate Law

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