Legal Question in Wills and Trusts in Virginia
what is the issue(s) of Vivian L. TILLER v. Ralph D. OWEN
343 Va. 176,413 S.E. 2d 51
Supreme Court of Virginia
Jan. 10, 19992
1 Answer from Attorneys
Whether a resulting trust had been created against Tiller's property by virtue of Owen giving her a $23K down payment on the property at the time of its purchase in addition to making the mortgage payments on the property for several years, and thereby entitling him(Owen) to assert a lien against this property for approximately the amount that he had paid Tiller.
Virginia Supreme Court stated that the conditions necessary for a resulting trust that would have permitted Owen to assert a lien against the property had not been established and therefore the trial court had erroneously ruled in his favor and that he was not entitled to a lien against the property at issue.