Boyle v. Kempkin

Under the facts of the case as stated above, we must determine whether a valid irrevocable trust was created or whether this was only an arrangement for a testamentary disposition of Giesing’s property. While trusts frequently have what Mr. Justice Holmes described as “a very testamentary look” (Bromley v. Mitchell, 155 Mass. 509, 30 N. E. 83), still the distinction between an intention to create a trust inter vivos and one to arise only on the death of the settlor which is invalid unless the requirements of the statute of wills are followed is discernible.

The land in question is in Wisconsin…