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Broell v. Estate of Broell5/25/2000
APPEAL FROM: District Court of the Sixth Judicial District, In and for the County of Park, The Honorable Wm. Nels Swandal, Judge presiding.
Submitted on Briefs: February 10, 2000
Clerk
Justice Jim Regnier
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent but shall be filed as a public document with the Clerk of the Supreme Court and shall be reported by case title, Supreme Court cause number and result to the State Reporter Publishing Company and to West Group in the quarterly table of noncitable cases issued by this Court.
Boyd's mother, Mary A. Broell, and his sister, Ellen Broell Arthun, (Mary and Ellen) appeal from the Amended Judgment entered by the Sixth Judicial District Court, Park County, in favor of Boyd Irvin Broell (Boyd). The sole issue presented on appeal is whether the District Court erred by imposing a purchase money resulting trust in favor of Boyd Broell. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Boyd's paternal grandparents purchased a ranch near Wilsall, Montana, in the 1940s. As a child, Boyd spent his summers working on the ranch. In June 1979 Boyd moved to the ranch permanently to help his grandmother keep the ranch operating. In August 1979 Boyd entered into a common law marriage with Marguerite Lorene McIntosh (Lori) and she and the couple's son moved into Boyd's mobile home located on the ranch. At that time, Boyd's grandfather was ill and subsequently died in November 1979. Boyd's grandmother inherited the ranch upon her husband's death.
In 1983 Boyd's parents, Irvin and Mary Broell, permanently separated but did not get divorced. Mary resided in a home in Livingston purchased during the marriage while Irvin continued to work for the highway department in various locations around the state until his retirement in 1989. Irvin paid all the bills associated with the house in Livingston, paid for Mary's pharmacy bills, and provided Mary with money for living expenses. At the time of his separation from his wife, Irvin named Boyd as a joint signatory of his checking account.
Just prior to his retirement, Irvin began renting a room in the home of a friend in East Helena. Irvin continuously rented from his friend until his death in 1995. While he primarily resided in East Helena, Irvin frequently spent time at the ranch assisting in its operation.
Boyd's grandmother died in the spring of 1989 and Irvin Broell was appointed as the personal representative of her estate. With the financial assistance of his wife Lori and his father Irvin, as well as a purchase money loan, Boyd purchased the ranch from his grandmother's estate for the sum of $69,500. As a result of the sale, the heirs of the estate, including Irvin, Boyd, and Boyd's two sisters Ellen and Carla, each received $8000. Irvin gifted his share to Boyd to help facilitate Boyd's purchase of the ranch.
Boyd and his wife Lori separated in 1989. While Boyd continued to work the ranch, he moved out of the mobile home allowing his wife and son to continue living there. On January 18, 1990, Boyd was arrested for driving under the influence and was later charged and convicted of criminal possession of dangerous drugs with intent to sell and criminal possession of dangerous drugs. Boyd was sentenced to seven years in prison with five years suspended. Following his appeal of the court's denial of his motion to suppress, Boyd was remanded to the Montana State Prison in June 1991 to begin serving his sentence.
Boyd and his wife Lori personally had made all the mortgage payments fo
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