Taft v. Dimond
Supreme Court of Rhode Island
Bill in Equity to establish a trust. The facts involved are stated in tbe opinion of the court. I. The statute requires, not that a trust be created by writing, but merely that it be manifested or proved by writing. No particular form of words is necessary. 2 Washburn on Real Property, 502, 505; Brown on the Statute of Frauds, §§ 97, 104; 1 Greenleaf on Evidence, § 266 ; Barrell v. Joy, 16 Mass. 221; Pratt v. Ayer, 3 Chand.
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Bill in Equity to establish a trust. The facts involved are stated in tbe opinion of the court. I. The statute requires, not that a trust be created by writing, but merely that it be manifested or proved by writing. No particular form of words is necessary. 2 Washburn on Real Property, 502, 505; Brown on the Statute of Frauds, §§ 97, 104; 1 Greenleaf on Evidence, § 266 ; Barrell v. Joy, 16 Mass. 221; Pratt v. Ayer, 3 Chand. Wise. 265 ; Brown v. Coombs, 29 N. J. Law, 36; Inhabitants of Seituate v. Inhabitants of Hanover, 16 Pick. 222. The existence of a trust may be manifested : 1. By a deed,…
1Opinion of the CourtDurfee, C. J.
Sarah A. Brayton, in November, A. D. 1882, conveyed certain real estate described in the bill, by deed with warranty in fee simple, to the defendant, Francis M. Dimond. She died in March, A. D. 1884. This suit is by her heirs at law. The bill alleges that the deed was without consideration, and was made only for the purpose of vesting the legal estate in Dimond for the use of the grantor, to enable him the better to manage it in her behalf, and that, from the making of the deed until her death, Dimond collected the rents and income for her, accounting to her for them, and acknowledging that…
2Cases cited4 opinions
- Steere v. SteereNew York Court of Chancery · 1820
- Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
- Miller v. StokelyOhio Supreme Court · 1855
- Homer v. HomerMassachusetts Supreme Judicial Court · 1871
3Cited by2 opinions
- Pacheco v. MelloWashington Supreme Court · 1926
- Del Greco v. Del GrecoSupreme Court of Rhode Island · 1958