Gadlin v. Auditor of Public Accounts

The plaintiffs, Grace Hofert and Elizabeth Salamone, brought this action against their brother, Peter Latorri, and his wife, Eleanor, to impose a constructive trust upon real estate conveyed by their mother and father to the defendants as joint tenants. The defendants declined to offer any proof before the master in chancery, and moved for a finding in their favor at the close of the plaintiffs case. The master found the issues for the plaintiffs and the court entered a decree declaring that the defendants hold title to the property as trustees for the benefit of all of the heirs of Filippo Latorri, the father of the plaintiffs and of the defendant Peter Latorri. The decree also ordered the execution of deeds, partition and an accounting. A freehold is involved and the defendants have appealed directly to this court.