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00-1990 Vance, as Guardians for Whiteaker v. Thiede

By: dmc-admin//June 4, 2001//

00-1990 Vance, as Guardians for Whiteaker v. Thiede

By: dmc-admin//June 4, 2001//

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In this action, the guardians of Merald Whiteaker claim Thomas Thiede exerted undue influence over Whiteaker for the purpose of obtaining Whiteaker’s money, and that Timothy Thiede, Thomas’ son, received title to residential real estate clear of all mortgages and other benefits as a result of Thomas’s conduct. The trial court entered judgment against both Thomas and Timothy for $28,660 plus costs and imposed a constructive trust and lien on the real estate for that amount. Thomas appeals portions of the trial court’s findings of fact, contending there is insufficient evidence to find he knew of Whiteaker’s incompetence and exerted undue influence on him. Timothy appeals the trial court’s finding that he was aware of and participated in the transfer of funds from Whiteaker’s account to the Thiedes’ bank account. He also contends the court erred in imposing a constructive trust on the real estate, and, alternatively, challenges the amount of the constructive trust.

We conclude the findings of fact as they relate to Thomas are not clearly erroneous, but the finding that Timothy was aware of and participated in the transfer of funds from Whiteaker’s account to the Thiedes’ account is clearly erroneous. We also conclude that a constructive trust on the real estate is proper, but only in the amount that Timothy was unjustly enriched as a result of Thomas’s undue influence on Whiteaker. That amount, we conclude, is $16,478.20. In addition, we conclude that a constructive trust on the $6,000 Thomas transferred to Timothy is proper, and Thomas is liable to the guardians for that amount. Not recommended for publication in the official reports.

Dist IV, Rock County, Welker, J., Vergeront, J.

Attorneys:

For Appellant: Gwanny J. Tjoa, Beloit, et al.

For Respondent: William T. Henderson, Beloit

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