Granado Ex Rel. Granado v. Granado

760 P.2d 148, 107 N.M. 456
CourtNew Mexico Supreme Court
DecidedAugust 24, 1988
Docket17459
StatusPublished
Cited by4 cases

This text of 760 P.2d 148 (Granado Ex Rel. Granado v. Granado) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Granado Ex Rel. Granado v. Granado, 760 P.2d 148, 107 N.M. 456 (N.M. 1988).

Opinion

OPINION

WALTERS, Justice.

Defendants appeal a declaratory judgment which determined that a bar and liquor license in Cimarron, New Mexico, had been held in trust by Severo M. Granado for his son Augustin Granado, the now-deceased father of plaintiff personal representative and his siblings. The trial court ordered assignment by defendants of all right, interest, documents of title, and bills of sale to real and personal property constituting the res of plaintiff’s claim, to the heirs of Augustin. Defendants claim on appeal that (1) plaintiff’s claim was barred by the statute of limitations; (2) there was insufficient evidence to establish a resulting trust; and (3) the doctrine of unclean hands would preclude judgment in plaintiff’s favor. We affirm.

A recitation of the chronology of events, most of which were included in the court’s findings of fact, is helpful. In 1963 or 1964, Augustin was convicted of a felony and served three or four years in a penitentiary in California. Following his release from prison, he and his family moved to Cimarron, New Mexico. In 1972, the opportunity arose for Augustin to lease the El Dorado Bar. Because NMSA 1953, Section 46-5-14(a)(l) (now Liquor Control Act, NMSA 1978, § 60-3A-1 to 60-8A-19) prohibited a convicted felon from acquiring a liquor license, the lease was executed in the name of Augustin’s wife, Mary Granado. When Augustin and Mary were divorced, Augustin arranged for his father to be substituted as the named lessee, and when Augustin later was able to negotiate a purchase of the bar in 1977, the contract named his father as the purchaser. Augustin made a $7,000 down payment and agreed to pay the balance of the purchase price, signing an indemnification agreement to do so. Severo M. Granado, Augustin’s father, acquiesced in this arrangement, knowing that Augustin was legally barred from holding a liquor license.

Augustin assumed all the obligations of a manager/owner until the time of his death. His father’s participation in the operation of the bar was limited to signing the documents of lease and purchase at the direction of Augustin.

When Augustin died in 1979, he left five children, only one of whom had attained the age of majority. Immediately following Augustin’s death, his attorney advised Augustin’s brother Severo, Jr., sister Clara, and other family members that the El Dorado Bar was an asset of the estate that needed management, and that Augustin’s heirs held the beneficial interest in that property. Severo, Jr., who was appointed personal representative, promised Augustin’s son, plaintiff Gilbert Granado, and Gilbert’s mother that he would turn over the bar and property to Gilbert when Gilbert became twenty-one. Severo, Jr., however, did not list the property in the probate proceedings as an asset of Augustin’s estate. Thereafter, Severo, Jr., operated the bar for a very short time, then left the state and turned over to Clara the management of the bar. Clara lived on the property, operated the bar, paid installments on the sales contract, and maintained herself from its operation for eight consecutive years until the date of trial.

When Gilbert reached the age of twenty-one in 1982, he demanded that Severo, Jr., relinquish his position as personal representative and turn over the El Dorado Bar, as promised, for the benefit of the heirs. Gilbert, for the first time, then learned from his uncle of a contention that the property did not belong to Augustin’s heirs at law. In August 1983, Clara Granado instructed her daughter to write to the attorney for the estate contradicting the attorney’s assertion that the bar belonged to Augustin at the time of his death. Subsequently, in January 1984, Clara caused her father to transfer the property to her as a gift, even though she had been advised by the estate’s attorney that her father held the property in trust for the benefit of Augustin’s children.

Some of the above facts were contested, but all of the trial court’s findings are supported by the evidence.

I.

Defendants cite NMSA 1978, Section 37-1-4, as barring the action because it was not filed within four years after the probate proceedings were opened. That section provides that “actions not herein otherwise provided for and specified [shall be brought] within four years.” Defendants contend that the four-year statute of limitations began to run at the time the probate was filed. Although we agree that the statute of limitations is four years for this action, we do not agree with defendants on the date upon which it began to run. It is well-settled in this jurisdiction that when suit is brought for imposition of an equitable trust, the statute of limitations does not run between a trustee and a beneficiary until there has been a repudiation of the trust, whether it be a constructive trust, Miller v. Miller, 83 N.M. 230, 235, 490 P.2d 672, 677 (1971); Garcia v. Marquez, 101 N.M. 427, 429, 684 P.2d 513, 515 (1984), or a resulting trust, White v. Mayo, 31 N.M. 366, 377, 246 P. 910, 914 (1926).

To prove repudiation of the trust, the complaining party must show that there has been an open denial of the trust by the trustee who held the property for the benefit of the plaintiff. Id. Obviously, a plaintiff must be aware of such a repudiation before the necessity for action to protect his or her interest in the property becomes apparent.

There was no evidence that Severo M. Granado or Clara at any time repudiated the trust before 1982 when Gilbert demanded that the property be turned over to him for the benefit of himself and his father’s other heirs. It was thus at that time that the running of the four-year statute of limitations commenced. Because we conclude that the statute of limitation began to run in 1982, we do not consider whether a statute of limitations was or would be tolled by the minority status of some of the heirs. This action, filed in 1984, was not time-barred.

II.

Defendants next assert an absence of substantial evidence to support the court’s determination that Severo M. Granado became the trustee of a resulting trust in the Cimarron property for the benefit of Augustin and, thereafter, his heirs.

A resulting trust arises when a person causes to be made a disposition of property under circumstances that raise the inference that the person gaining legal title to the property is not intended to have a beneficial interest in the property. McDermott v. Sher, 59 N.M. 142, 150-51, 280 P.2d 660, 665 (1955). Resulting trusts are imposed in equity to enforce the intent of the parties. That intent may be shown by circumstantial or parol evidence, even though such evidence directly contradicts legal warrant, patent, or deed. Browne v. Sieg, 55 N.M. 447, 457, 234 P.2d 1045, 1051 (1951). When the plaintiff demonstrates that he or his predecessor has furnished the money for acquisition of property with the intent that the one who takes title will hold it in trust for the one who advanced the purchase money, and that the money was so applied, a resulting trust is established. Id. at 456-57, 234 P.2d at 1054-55; Brown v. Likens, 37 N.M.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Romero v. Bank of the Southwest
2003 NMCA 124 (New Mexico Court of Appeals, 2003)
Boyer v. Morrison
868 P.2d 1299 (New Mexico Court of Appeals, 1994)
Matter of Estate of Boyer
868 P.2d 1299 (New Mexico Court of Appeals, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
760 P.2d 148, 107 N.M. 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/granado-ex-rel-granado-v-granado-nm-1988.