Legal Opinion · Dissent

Staples v. Murray

Supreme Court of Kansas

Decided January 7, 1928No. 27,611Published

1DissentJohnston, C. J.

I am unable to agree with the conclusion that a trust was not created, nor that plaintiff had failed to establish a right of recovery. To mahe a declaration of an express trust it is essential that the trustee intend to create a trust. A valid declaration of trust does not require any particular form of words. Any language is sufficient which shows the intention to create a trust and which definitely designates the property to be disposed of. It is a general rule often stated that the elements constituting a trust are a declaration of words to create it, a subject or fund sufficiently…

2Cases cited6 opinions

  1. Davis v. NeyMassachusetts Supreme Judicial Court · 1878
  2. Coyne v. Supreme Conclave of the Improved Order of HeptasophsCourt of Appeals of Maryland · 1907
  3. Kendrick v.RayMassachusetts Supreme Judicial Court · 1899
  4. Stone v. HackettMassachusetts Supreme Judicial Court · 1858
  5. Reddy v. GrahamSupreme Court of Kansas · 1922

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