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The evidence in this case establishes that
MINNIE HENDERSON and JACR McCARTHON purchased the above-
described property together but that it was titled in
MINNIE HENDERSON~s name alone due to JACR McCARTHON's leqal
inability to marry MINNIE HSND$RSON. It is further clear
from the testimony that althouqh the property was titled only
in the name of MINNIE HENDBi2SON, JACR McCARTHON contributed
to the purchase price of the property and it was the under-
,standing between he and MINNIE HENDERSON that she hold one-
~ half of the property in trust for him. It is also clear from
the testimony that MINNIE HENDERSON and JACR McCARTSON lived
together for a period of time extending over thirty (30) years
in the home on the above-described property and at various
residences in Gifford and Vero Beach. JACR McCARTHON's existing
marriage prevented him from marrying M~NNIE HENDERSON, but his
relationship with MINNIE HENDERSON had all of the features of
a marriage.
i The Court, having considered all of the evidence and
testimony in this case, and havinq heard the arquments of
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counsel and being fully advised in the premises, determines and
finds that the Defendant, JACK McCARTHON is the owner of a
one-half undivided interest as tenant in.common with the
Plaintiffs, MAMIE CARTER and ESSIE MAE WIN~BUSH. This one- ~
half undivided interest is that portion which MINNIE ~NDERSON
held in trust for JACK McCARTHON. The Court further finds
that any swns expended by JACK McCARTHON toward the improvement
of the property herein involved is offset by the amount which
should have been paid by JACK McCARTHON for that period of time
after the death of MINNIE flENDERSON when he had exclusive
possession of the property, but paid no rent. It is thereupon
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