Helen H. Keller v. Kenneth D. Rogstad

This appeal requires us to review the district courts decision quieting title to certain real property in Helen Keller, and in finding Kenneth and Doryne Rogstad to be trustees of an express trust created by Oscar Rogstad, decedent, for the use and benefit of himself; and, therefore, accountable to Oscars estate for certain real property and any proceeds from the sale of such property received and retained by them. In particular, we must decide three issues: (1) whether the March 19, 1970 warranty deed from Oscar to Kenneth was void; (2) whether Kenneth was estopped from relying on the April 21, 1972 quitclaim deed from Oscar to Kenneth; and (3) whether Kenneth and his wife Doryne were trustees of certain real property for the benefit of Oscar and, therefore accountable to the estate for the property and any proceeds received therefrom.