Shive v. Hayes

The opinion of the court was delivered by

Harvey, J.:

This is an action to have certain instruments construed as creating a trust in real estate. The trial court found and adjudged that they did create such a trust. Defendant has appealed.

The facts disclosed by the record may be thus stated: Alexander Mitchell and Mary Mitchell, his wife, owned a half section of farm land in Reno county and certain lots in the city of Arlington. They had three children: (1) A daughter, Leffa M. Hayes, the appellant here, and the only one living at the time of the execution of the instruments soon to be…