{ "id": 11243004, "name": "PAULINE W. KEISTLER; PAULINE W. KEISTLER, as Administratrix of the Estate of Jack Mureal Keistler, Sr.; and PAULINE W. KEISTLER; JACK MUREAL KEISTLER, JR.; JILL K. GREGG; JOEY L. KEISTLER; and JUNE K. GIBSON, the heirs at law of JACK MUREAL KEISTLER, SR., Plaintiffs-Appellees v. W.H. KEISTLER, JR. and DOROTHY R. KEISTLER, Defendants-Appellants", "name_abbreviation": "Keistler v. Keistler", "decision_date": "1999-12-07", "docket_number": "No. COA99-93", "first_page": "767", "last_page": "771", "citations": [ { "type": "official", "cite": "135 N.C. App. 767" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "248 S.E.2d 909", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1978, "opinion_index": 0 }, { "cite": "38 N.C. App. 708", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8555785 ], "year": 1978, "opinion_index": 0, "case_paths": [ "/nc-app/38/0708-01" ] }, { "cite": "401 S.E.2d 801", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1991, "opinion_index": 0 }, { "cite": "102 N.C. App. 222", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8523084 ], "year": 1991, "opinion_index": 0, "case_paths": [ "/nc-app/102/0222-01" ] }, { "cite": "436 S.E.2d 141", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1993, "opinion_index": 0 }, { "cite": "112 N.C. App. 489", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8522215 ], "year": 1993, "opinion_index": 0, "case_paths": [ "/nc-app/112/0489-01" ] }, { "cite": "197 S.E.2d 901", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1973, "opinion_index": 0 }, { "cite": "18 N.C. App. 696", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8553800 ], "year": 1973, "opinion_index": 0, "case_paths": [ "/nc-app/18/0696-01" ] }, { "cite": "411 S.E.2d 403", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1991, "pin_cites": [ { "page": "405" } ], "opinion_index": 0 }, { "cite": "104 N.C. App. 753", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8524075 ], "year": 1991, "opinion_index": 0, "case_paths": [ "/nc-app/104/0753-01" ] }, { "cite": "84 S.E.2d 289", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 5, "year": 1954, "pin_cites": [ { "page": "292" }, { "page": "293" }, { "page": "294" }, { "page": "292" } ], "opinion_index": 0 }, { "cite": "241 N.C. 11", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8600024 ], "weight": 2, "year": 1954, "pin_cites": [ { "page": "14" }, { "page": "14" } ], "opinion_index": 0, "case_paths": [ "/nc/241/0011-01" ] }, { "cite": "255 S.E.2d 399", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1979, "pin_cites": [ { "page": "404-05" } ], "opinion_index": 0 }, { "cite": "297 N.C. 336", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8570254 ], "year": 1979, "pin_cites": [ { "page": "344" } ], "opinion_index": 0, "case_paths": [ "/nc/297/0336-01" ] }, { "cite": "28 S.E.2d 556", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1944, "pin_cites": [ { "page": "558" }, { "page": "558", "parenthetical": "Holding that the \"deed has its full force and effect in passing the absolute title at law, and is not altered, added to, or explained by the trust, which is an incident attached to it, in equity, as affecting the conscience of the party who holds the legal title.\"" } ], "opinion_index": 0 }, { "cite": "223 N.C. 792", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8617758 ], "year": 1944, "pin_cites": [ { "page": "794" } ], "opinion_index": 0, "case_paths": [ "/nc/223/0792-01" ] }, { "cite": "63 S.E. 1028", "category": "reporters:state_regional", "reporter": "S.E.", "year": 1909, "pin_cites": [ { "page": "1032" } ], "opinion_index": 0 }, { "cite": "150 N.C. 222", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11270486 ], "year": 1909, "pin_cites": [ { "page": "230" } ], "opinion_index": 0, "case_paths": [ "/nc/150/0222-01" ] } ], "analysis": { "cardinality": 551, "char_count": 11108, "ocr_confidence": 0.706, "pagerank": { "raw": 5.676830387708631e-08, "percentile": 0.3555803832578656 }, "sha256": "6ecc304e99dfb906546578002e39919b623d827d76c93b9c6aa12ae4acaae285", "simhash": "1:2a19563e4e7f0d96", "word_count": 1875 }, "last_updated": "2023-07-14T18:51:33.981101+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges HORTON and EDMUNDS concur." ], "parties": [ "PAULINE W. KEISTLER; PAULINE W. KEISTLER, as Administratrix of the Estate of Jack Mureal Keistler, Sr.; and PAULINE W. KEISTLER; JACK MUREAL KEISTLER, JR.; JILL K. GREGG; JOEY L. KEISTLER; and JUNE K. GIBSON, the heirs at law of JACK MUREAL KEISTLER, SR., Plaintiffs-Appellees v. W.H. KEISTLER, JR. and DOROTHY R. KEISTLER, Defendants-Appellants" ], "opinions": [ { "text": "WYNN, Judge.\nA resulting trust may arise when one furnishes the consideration to pay for property, but title is taken in the name of another. The defendants in this case argue that a resulting trust may be imposed in favor of one owner who has paid the consideration for the property against a non-paying joint owner. Because we agree that a resulting trust may be created between co-owners, we reverse the trial court\u2019s grant of summary judgment in favor of the plaintiffs.\nThe parties in this case dispute the ownership of five parcels of real property located in Mecklenburg County, North Carolina. One parcel is titled in the names of W. H. Keistler, Jr. and his brother J. M. Keistler, now deceased. The other four parcels are titled in the names of W. H. Keistler, Jr. and his wife Dorothy R. Keistler, and J. M. Keistler and his wife Pauline W. Keistler. The deeds are silent as to what interests or shares were granted to the separate grantees.\nThe plaintiffs in this action are J. M. Keistler\u2019s heirs at law \u2014 his widow, Pauline W. Keistler, and children, Jack Mureal Keistler, Jr., Jill K. Gregg, Joey L. Keistler, and June K. Gibson. After the death of J. M. Keistler, the plaintiffs brought an action against the defendants W. H. Keistler and his wife Dorothy R. Keistler, seeking an accounting for rents and profits from the five properties. The plaintiffs also sought a declaratory judgment concerning their ownership interests in the parcels.\nIn their answer and counterclaim, the defendants asserted that because they had paid the entire purchase price of the five properties, they had a purchase-money resulting trust as to the plaintiffs\u2019 interest in the five properties. The defendants argued that they purchased the properties for their benefit only and intended for the decedent and plaintiff Pauline W. Keistler to acquire legal title only. The defendants asked that the trial court order the plaintiffs to convey their legal title to the properties to them.\nThe trial court granted summary judgment to the plaintiffs\u2014 affirming their one-half undivided interest in the properties \u2014 and dismissed the defendants\u2019 resulting trust claim. The trial court found .that the deeds of conveyance were absolute and unambiguous on their face and concluded that any extrinsic evidence was barred by the parol evidence rule. The defendants brought this appeal.\nThe defendants argue that the trial court erred in granting summary judgment for the plaintiffs because there were genuine issues of material fact regarding the plaintiffs\u2019 ownership interest in the five parcels of property. They contend that the parol evidence rule does not bar extrinsic evidence for the purpose of establishing a resulting trust in their favor. We agree.\nThe parol evidence rule provides that when parties have formally and explicitly expressed their contract in writing, that contract shall not be contradicted or changed by contemporaneous oral agreements. See Gaylord v. Gaylord, 150 N.C. 222, 230, 63 S.E. 1028, 1032 (1909). However, the parol evidence rule does not bar evidence proving the existence of a resulting trust. See Thompson v. Davis, 223 N.C. 792, 794, 28 S.E.2d 556, 558 (1944). This is because evidence introduced to establish such a trust is not offered to contradict, alter or explain the written instrument. See id. at 795, 28 S.E.2d at 558 (Holding that the \u201cdeed has its full force and effect in passing the absolute title at law, and is not altered, added to, or explained by the trust, which is an incident attached to it, in equity, as affecting the conscience of the party who holds the legal title.\u201d)\nA resulting trust arises where one person furnishes the consideration to pay for land, but the title is taken in the name of another. In such a case, a trust is created in favor of the party who furnished the consideration. See Cline v. Cline, 297 N.C. 336, 344, 255 S.E.2d 399, 404-05 (1979). When the facts of a case support the establishment of a resulting trust, the parol evidence rule has no application and extrinsic evidence is admissible. A resulting trust must be proven by clear, strong, and convincing evidence. See Bowen v. Darden, 241 N.C. 11, 14, 84 S.E.2d 289, 292 (1954). This finding is a matter solely within the province of a jury. See id.\nOne exception to the general rule that parol evidence may be admitted to prove the existence of a resulting trust is that as a matter of law, parol evidence may not be admitted to prove the existence of a resulting trust in favor of a deed\u2019s grantor. See, e.g., Gaylord v. Gaylord, supra; Guy v. Guy, 104 N.C. App. 753, 411 S.E.2d 403 (1991); Tomlinson v. Brewer, 18 N.C. App. 696, 197 S.E.2d 901 (1973). However, the issue presented in this case is whether a resulting trust can be imposed on one cotenant in favor of another cotenant.\nIn the resulting trust case of Guy v. Guy, supra, this Court explicitly stated: \u201cParties to an integrated document cannot introduce either oral or written evidence which contradicts the writing.\u201d Id. at 756, 411 S.E.2d at 405. In that case, as in others, we did not allow a grantor to impose a resulting trust on a grantee. We held that a resulting trust may only arise where there is a grantor, a grantee, and a beneficiary who is not a party to the document. Of the three, only the non-party beneficiary may introduce evidence about a resulting trust because the others would breach the parol evidence rule if they were to do so.\nThis Court\u2019s holding in Guy supports the position that the defendants in this case \u2014 parties to the disputed deed \u2014 may not impose a resulting trust on the other parties to the deed. But we are bound to follow Bowen v. Darden, supra, where our Supreme Court allowed a jury to determine whether a resulting trust existed in a joint-ownership situation.\nIn Bowen, Mrs. Fannie V. Bowen paid the entire purchase price for residential property located in Greenville, North Carolina. She contended that she was \u201cdisappointed when she later learned\u201d that the deed was written to convey a life interest to her with the remainder interest to her daughter Hildred B. Darden. Id. at 15, 84 S.E.2d at 293. Although both Mrs. Bowen and her daughter were parties to the deed, our Supreme Court held that \u201ca trust resulted in favor of Mrs. Bowen.\u201d Id. at 17, 84 S.E.2d at 294.\nThe plaintiffs in this case argue that Bowen differs from the case at bar because the people seeking to establish the resulting trust\u2014 Mrs. Bowen\u2019s nine other children \u2014 were not parties to the deed. But the nine plaintiffs in that case were the heirs of their deceased mother, Mrs. Bowen. Under the rationale of our Supreme Court in Bowen, the resulting trust favored Mrs. Bowen as the party who had furnished the consideration, not her children. The children \u2014 including Hildred B. Darden \u2014 only benefitted from that declaration because the property was then transferred to Mrs. Bowen\u2019s estate and they were her heirs.\nIn the present case, the defendants paid all of the purchase price for the properties, and the titles were taken jointly in the names of both plaintiffs and defendants. The defendants argue that they never intended for the plaintiffs to acquire beneficial interests in the properties, but legal title only. Following Bowen, the defendants set forth facts sufficient to constitute a resulting trust and that evidence on which they rely to establish the trust is sufficient to carry the case to a jury.\nSummary judgment is properly granted when there is no genuine issue as to any material fact and one party is entitled to a judgment as a matter of law. N.C.R. Civ. P. 56(c) (1990). Since we hold that a resulting trust can be established in favor of a joint owner, a question of fact remains that must be decided by a jury. The trial court erred in granting summary judgment for the plaintiffs. The decision of the trial court is,\nReversed.\nJudges HORTON and EDMUNDS concur.\n. We recognize that the facts of the Bowen case appear to indicate the existence of a constructive trust (which is based on a breach of fiduciary duty or fraud) rather than a resulting trust. However, our Supreme Court in Bowen, after discussing the differences between a constructive or resulting trust, expressly found that \u201cplaintiffs alleged sufficient facts to constitute a resulting trust. . . .\u201d Bowen, 241 N.C. at 14, 84 S.E.2d at 292.\n. It is interesting to note that Bowen\u2019s pronouncement that a resulting trust may be imposed by one owner on another owner is supported by the position of the Restatement (Second) of Trusts \u00a7\u00a7 440 and 441.\nWhere a transfer of property is made to one person and the purchase price is paid by another, a resulting trust arises in favor of the person by whom the purchase price is paid, except as stated in \u00a7\u00a7 441, 442 and 444.\nRestatement (Second) of Trusts \u00a7 440 (1957).\nA resulting trust does not arise where a transfer of property is made to one person and the purchase price is paid by another, if the person by whom the purchase price is paid manifests an intention that no resulting trust should arise.\nRestatement (Second) of Trusts \u00a7 441 (1957).\nComment (e) to this section provides that when one person pays for the property but takes title jointly with another, a presumption arises that the payer intended to make a gift to the other person. This presumption is rebuttable.\nSince the parties do not address this comparison, we decline to consider adopting the Restatement position in this opinion. (For cases in which we have adopted provisions from various Restatements, see, e.g. Meachum v. Faw, 112 N.C. App. 489, 436 S.E.2d 141 (1993); Warzynski v. Empire Sys., Inc., 102 N.C. App. 222, 401 S.E.2d 801(1991); Board of Transp. v. Charlotte Park and Recreation Comm\u2019n, 38 N.C. App. 708, 248 S.E.2d 909 (1978).)", "type": "majority", "author": "WYNN, Judge." } ], "attorneys": [ "Perry, Patrick, Farmer & Michaux, P.A., by John H. Carmichael, for plaintiffs-app ellees.", "Larry D. Tucker and Caudle & Spears, P.A., by Harold C. Spears, for defendants-appellants." ], "corrections": "", "head_matter": "PAULINE W. KEISTLER; PAULINE W. KEISTLER, as Administratrix of the Estate of Jack Mureal Keistler, Sr.; and PAULINE W. KEISTLER; JACK MUREAL KEISTLER, JR.; JILL K. GREGG; JOEY L. KEISTLER; and JUNE K. GIBSON, the heirs at law of JACK MUREAL KEISTLER, SR., Plaintiffs-Appellees v. W.H. KEISTLER, JR. and DOROTHY R. KEISTLER, Defendants-Appellants\nNo. COA99-93\n(Filed 7 December 1999)\nTrusts\u2014 resulting trust \u2014 summary judgment improper \u2014 parol evidence allowed\nIn a case involving whether a resulting trust may be imposed in favor of one owner who has paid the consideration for the property against a non-paying joint owner, the trial court erred in granting summary judgment in favor of plaintiffs because there were genuine issues of material fact regarding plaintiffs\u2019 ownership interest in the five parcels of property and the parol evidence rule does not bar extrinsic evidence for the purpose of establishing a resulting trust on one co-tenant in favor of another co-tenant.\nAppeal by defendants from judgment entered 20 November 1998 by Judge James E. Lanning in Superior Court, Mecklenburg County. Heard in the Court of Appeals 21 October 1999.\nPerry, Patrick, Farmer & Michaux, P.A., by John H. Carmichael, for plaintiffs-app ellees.\nLarry D. Tucker and Caudle & Spears, P.A., by Harold C. Spears, for defendants-appellants." }, "file_name": "0767-01", "first_page_order": 801, "last_page_order": 805 }