Complainant paid $1,000 toward the purchase price of the premises in which she seeks to establish a resulting trust, immediately prior to or contemporaneously with the time title was taken in the name of the defendant father-in-law. She contributed half of the expenses arising subsequently. Complainant contends that title was taken in the father-in-law's name to avoid any marital rights that the then wife of his son, complainant's present husband, might have in the premises; that it was the intention of the parties that title be held by him pending the outcome of his son's divorce suit, and that in the event that the son and complainant subsequently married, he would convey title to them. Held, complainant's part payment of the purchase price and her additional contributions toward expenses are evidence of interest. The acts of ownership, and the statements against interest made by the parties, somewhat substantiate complainant's claim, as does the testimony of disinterested witnesses. A resulting trust in the premises is established by the proofs.
PER CURIAM.
The decree will be affirmed, for the reasons expressed in the opinion of Vice-Chancellor Egan.
For affirmance — BODINE, DONGES, COLIE, WACHENFELD, EASTWOOD, BURLING, JACOBS, WELLS, FREUND, McLEAN, SCHETTINO, JJ. 11.
For reversal — THE CHIEF-JUSTICE, HEHER, DILL, JJ. 3.