In the case of Keeney v. Keeney, the court found:
a. a constructive trust is created by equity regardless of the intention of the parties to create a trust where legal title to property is obtained through fraud or undue influence rendering it unconscionable for the holder of legal title to retain the property.
b. intention of the parties is the sole consideration in determining the existence of a trust.
c. the existence of a confidential relationship prohibits the trustee from seeking any personal benefit.
d. a totten trust is a tentative trust and the transfer of ownership becomes complete only upon the depositor's death.
a
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