Section 5 Intent

• Library: Remedies 2006

A resulting trust is generally “one which the law implies to meet the requirement of justice that a legal status be given to what is the clear intention of the parties.” Brown v. Brown, 152 S.W.3d 911 (Mo. App. W.D. 2005) (quoting Norton v. Norton, 43 S.W.2d 1024, 1031 (Mo. 1931)). The theory behind a resulting trust is that one who provides purchase money for property intends to receive the benefit of that property and that the conveyance in the name of another is a matter of convenience and arrangement between the parties for collateral purposes. See:

• Leonard v. Leonard, 112 S.W.3d 30 (Mo. App. W.D. 2003)
• In re Marriage of Hunt, 933 S.W.2d 437, 442 (Mo. App. S.D. 1996)
• Rackley v. Rackley, 922 S.W.2d 49, 51...