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ALEX H. GRUBB AND CLARA M. GRUBB v. FELIX J. DELATHAUWER AND VILMA R. DELATHAUWER (01/18/80)

filed: January 18, 1980.

ALEX H. GRUBB AND CLARA M. GRUBB
v.
FELIX J. DELATHAUWER AND VILMA R. DELATHAUWER, APPELLANTS



No. 2920 October Term, 1978, Appeal from the Order of the Court of Common Pleas of Bradford County, in Equity, No. 4 of April Term, 1976.

COUNSEL

David B. Keeffe, Sayre, for appellants.

Evan S. Williams, Troy, for appellees.

Hester, Hoffman and Catania, JJ.*fn*

Author: Hoffman

[ 274 Pa. Super. Page 512]

Appellants contend that appellees failed to meet their burden of proving the existence of a resulting trust for their benefit in certain real property. We disagree and, accordingly, affirm the order of the lower court.

In October of 1970, appellees, Alex and Clara Grubb,*fn1 executed an agreement to purchase a parcel of real property in Bradford County, Pennsylvania, from Edward and Margaret Walsh. The property consisted of approximately fifty-five acres, with a four-bedroom house and a barn. The total purchase price of the property was $17,200; the Grubbs paid $250 as a deposit when they signed the purchase agreement. After executing the agreement, the Grubbs were unable to obtain the financing needed to complete the

[ 274 Pa. Super. Page 513]

    purchase, and they turned to appellants, Felix and Vilma Delathauwer, for assistance. (Mrs. Delathauwer was Clara Grubb's mother.) Shortly thereafter, on December 29, 1970, the Grubbs and the Delathauwers executed two uncaptioned documents relating to the purchase of the Walsh property. The documents read in their entirety as follows:

[Plaintiffs' Exhibit 8]

December 29, 1970

We, Alex H. B. and Clara M. Grubb, (husband and wife), of 1537 13th St., Fort Lee, N.J. 07024, hereby request that the names of Felix J. and Vilma R. Delathauwer of R.D. # 2, Wellsburg, N.Y. (mother and father of Mrs. Grubb) be put on the Deed because it is their wish as they are putting up their property in Ridgebury Township for security and are signing a judgment note for the down payment with Edward W. and Margaret M. Walsh of R.D. # 2, Sayre, Pa. and being that they will have all the equity in the purchase of the Walsh property, we hereby give up and waiver [ sic ] all rights in the purchase of this property to Mr. and Mrs. Delathauwer.

The two hundred and fifty dollar ($250) deposit that we have given on the Walsh property on Purchase Offer Agreement No. E 72038 we would like used toward the Closing Cost for we are going to pay ...


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