Staples v. Murray
Supreme Court of Kansas
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
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
- Coyne v. Supreme Conclave of the Improved Order of HeptasophsCourt of Appeals of Maryland · 1907
- Kendrick v.RayMassachusetts Supreme Judicial Court · 1899
- Stone v. HackettMassachusetts Supreme Judicial Court · 1858
- Reddy v. GrahamSupreme Court of Kansas · 1922
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