Henkle v. Henkle

Ohio Court of Appeals

600 N.E.2d 791 (Ohio Ct. App. 1991)

Generally, inter vivos gifts are irrevocable.

Relevant Facts

Clarriette Henkle (the plaintiff) conveyed her farm to her grandson, John Henkle, as a gift. The plaintiff intended that John would convey the home sites on the farm to his brothers so that the farm would stay in the family. Subsequently, John failed to convey the home sites to his brothers, but the plaintiff also did not object, because the brothers stated that they did not want the property. Later, John died intestate and was survived by his wife Annette and son Jacob (the defendants). The plaintiff sued, seeking to vacate her gift to John. The court denied the plaintiff’s request and the plaintiff appealed, seeking the imposition of a constructive trust.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 23, 2020

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Procedural History

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Citations

600 N.E.2d 791 (Ohio Ct. App. 1991)