In re Estate of Fournier
Maine Supreme Judicial Court
902 A.2d 852 (2006)
George Fournier gave the Madores two boxes containing $400,000 in cash, asking them to hold it until his death and then give it to his sister Faustina Fogarty (plaintiff), explaining he felt she had greater financial need than his other sister, Juanita Flanigan. After Fournier's death, Fogarty (appointed personal representative under his will) collected the money from the Madores and sought a declaratory judgment that the funds were held under an oral trust for her sole benefit; the Madores both testified Fournier wanted the money to go solely to Fogarty because Flanigan was already wealthy, but Flanigan's daughter testified Fournier told her about the money and Flanigan testified Fournier said the Madores were holding it for both sisters, and evidence showed Fournier had separately given Fogarty $100,000 a few years after the original gift. The probate court denied Fogarty's declaratory judgment, finding the $400,000 was intended to remain part of Fournier's estate, and Fogarty appealed.
Whether property transferred during a settlor's lifetime, along with an orally stated intention that the transferee hold it exclusively for the benefit of one designated person, creates a valid oral trust under state law, despite some conflicting evidence about the settlor's ultimate intent.