Pitts v. Weakley
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Eon. Ohas. F. Strop, Judge. (1) While by the terms of the Statute of Frauds trusts in real property are required to be manifested and established by written evidence and trusts in personalty are left to be established by either written or oral evidence, there is no difference in the character or extent of the words necessary to create them, whether those words be written or spoken.
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Appeal from Buchanan Circuit Court. — Eon. Ohas. F. Strop, Judge. (1) While by the terms of the Statute of Frauds trusts in real property are required to be manifested and established by written evidence and trusts in personalty are left to be established by either written or oral evidence, there is no difference in the character or extent of the words necessary to create them, whether those words be written or spoken. The only difference is in the character of the evidence necessary to prove the nee of those words. The subjeet-m'atter of the trust, its purpose, the persons who are to take…
1Opinion of the CourtValliant, J.
Plaintiffs and defendant, Susan Weakley, are the children and only heirs at law of Dudley M. Steele, deceased. The object of this suit is to establish by decree a trust in favor of plaintiffs 'and their sister, Mrs. Weakley, in 794 shares of stock which were given to the latter by their father shortly before his death, which oaeurred March 10, 1896.
The petition states that plaintiffs’ father caused the certificate of the stock to be made out in the.name of his daughter, defendant Susan Weakley, in August, 1895, but did not deliver it to her then nor inform her of it but retained it in his…
2Cases cited9 opinions
- Young v. . YoungNew York Court of Appeals · 1880
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Baker v. ViningSupreme Judicial Court of Maine · 1849
- Shaw v. ShawSupreme Court of Missouri · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ambruster v. AmbrusterSupreme Court of Missouri · 1930
- Ferguson v. RobinsonSupreme Court of Missouri · 1914
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Starks v. LincolnSupreme Court of Missouri · 1927
- Zeideman v. MolaskyMissouri Court of Appeals · 1906
11 more not listed; retrieve them via the Exa API.