Whether constructive trust should be imposed on property

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Reference no: EM131387702

Rodney Sharp was a fifty-six-year-old dairy farmer whose education did not go beyond the eighth grade. Upon the death of his wife of thirty-two years, Sharp developed a very close relationship with Jean Kosmalski, a schoolteacher sixteen years his junior. Sharp eventually proposed to Kosmalski, but when she refused, he continued to make gifts to her in hope of changing her mind.

He also gave her access to his bank account, from which she withdrew substantial amounts of money; made a will naming her as sole beneficiary; and executed a deed naming her as a joint owner of his farm. Then, in September 2008, Sharp transferred his remaining joint interest in the farm to Kosmalski.

In February 2010, Kosmalski ordered Sharp to move out of his home and to vacate the farm. She then took possession of both, leaving Sharp with assets of $3,000. Discuss whether a constructive trust should be imposed on the property transferred to Kosmalski.

Reference no: EM131387702

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