The Carl Kaetzel Trust U/T/D/ December 10, 1977 v. Kaetzel, 971 N.E.2d 217 (Ind. Ct. App. 2012)

(son offered to purchase one specific trust property from his parents for agreed upon price as stated within one of the trusts and retention of life estates for parents and a sibling; deed prepared by son included purchase of all trust property for purchase price and severely limited life estates; parents signed deed without recognizing they were selling all of their properties; son began to treat parents poorly and invoked severe restrictions on their use of the property; parents filed suit for rescission of deed and constructive fraud and for damages caused to tractor by son; son brought counter-claim seeking forfeiture of life estate by sibling for failure to pay property taxes or insurance, conditions contained within deed but not conveyed to sibling; after hearing, trial court ordered rescission of deed based on breach of trust; appellate court reversed because trust stated son could purchase one of the properties for the agreed upon price so there was no breach of trust and remanded for entry in favor of son on deed; on remand, court held no constructive fraud occurred, no damages for tractor because it was in parents’ possession and no credible evidence of damages presented, and ordered damages to be paid to son by sibling for taxes and insurance, but would not forfeit life estate; parents appealed and son cross-appealed; appellate court held law of case was that no constructive fraud occurred so no review of that claim; court upheld denial of damages for tractor; court determined forfeiture would not be equitable especially considering the lack of notice of conditions and the fact damages had already been awarded).