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Kephart v. Kephart

The father failed to meet his burden of proving the existence of a constructive trust over property that he and his wife deeded to their son.

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Appellant Walter Kephart Father brought suit, alleging that appellee David Kephart Son held certain real property in constructive trust for Father. Previously, Father and his ex-wife conveyed the tract of land to Son by warranty deed. According to Father, however, he transferred title pursuant to an oral understanding that Son would “hold” it only until such time as Father resolved his alcohol problem. According to Son, the conveyance of the property was an unconditional gift. The trial court heard the case without a jury. After conducting the bench trial, the trial court found that Father failed to carry the burden of proof, and entered judgment for Son. Father brings this pro se appeal from that judgment.

1. In his first enumeration of error, Father asserts only that the case “was not heard” as an action to enforce a constructive trust. However, the trial court’s order recites that Father “claims the conveyance was an oral trust which this Court should enforce as a constructive trust” and further states that Father “has the burden of proving a constructive trust.” Thus, it clearly appears that the trial court conducted the case as an action in which Father sought enforcement of a constructive trust against Son.

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