Springstead v. Nees

Nees died without a will (intestate) with his five children as his heirs.

Nees possessed a property on Atlantic Street, which all the children had assumed he owned outright (in fee simple). Given that assumption, the children assumed that the would inherit the property with each having a 1/5 interest.

In fact, Nees held the property in trust (as a life estate in the traditional language of property law) for two of the children, Sophia and George. After his death, those two became the sole owners of the property. The other children inherited no interest at all in the property.

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