LAWRENCE V. ASHBA
59 N.E.2d 568 (1945)
NATURE OF THE CASE: This was an action in specific performance and for an accounting, for
the setting aside of a real estate conveyance and for a constructive trust.
FACTS: Mrs. Lawrence's first husband died in 1905 and in 1907 she married William T.
Lawrence who never had any children. In 1937 the married couple held some property by the
entireties which had been largely acquired through the thrift and financial resources of
Mrs. Lawrence. On that day in 1937 the parties made mutual wills that gave their estates to
each other and then to Mrs. Lawrence's three children. Eventually the properties were
disposed of but new properties were acquired. Mrs. Lawrence died in 1942. Those properties
were held in entireties. After her death, William emptied their safe deposit box. The will
was probated on October 13, 1942. William then married again on September 20, 1942 and eight
days later vested title in the real estate to his new wife, Iva. Williams openly stating
that this was so Mrs. Lawrence's children would not get anything. There was no evidence of
consideration for the conveyances to Iva.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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