Joe Brown gave to his wife, Mary Brown, $350,000 with which to buy real property. They orally agreed that title to the real property should be taken in the name of Mary Brown but that she should hold the property in trust for Joe Brown. There were two witnesses to the oral agreement, both of whom are still living. Mary purchased the property on September 2, and a deed to it with Mary Brown as the grantee was delivered.
Mary died ten years later without a will. The real property is now worth $800,000. Joe Brown is claiming the property as the beneficiary of a trust. Mary’s children are claiming that the property belongs to Mary’s estate and have pleaded the statute of limitations and the statute of frauds as defenses to the claim of Joe. There is no evidence to prove whether Mary would or would not have conveyed the property to Joe during her lifetime if she had been requested to do so. What are Joe’s ownership rights to this particular real property?