Walston v. Smith
Supreme Court of Vermont
Bill to declare a trust. Heard upon the pleadings, master’s report and exceptions thereto, at the December term, Addison county, 1894. Thompson, chancellor, fro forma, overruled the exceptions and dismissed the bill with costs. The orators appeal. When there is no consideration for a conveyance and the grantee takes no beneficial interest in the same, a trust results. 2 Sto., Eq., ss. 1197, 1198, 1201; 1 Perry, Trusts, s. 150 and cases cited.
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Bill to declare a trust. Heard upon the pleadings, master’s report and exceptions thereto, at the December term, Addison county, 1894. Thompson, chancellor, fro forma, overruled the exceptions and dismissed the bill with costs. The orators appeal. When there is no consideration for a conveyance and the grantee takes no beneficial interest in the same, a trust results. 2 Sto., Eq., ss. 1197, 1198, 1201; 1 Perry, Trusts, s. 150 and cases cited. The trust character of the transaction and property can be shown by parol and by the declaration of the trustee, x Perry, Trusts, ss. 76, 77, 147, 22.6;…
1Opinion of the CourtRoss, C. J.
This is a bill in chancery, brought to have a trust declared in regard to a farm and some personal property, formerly belonging to the intestate, Alfred Smith, by his heirs ; the legal title .to which is in the defendant, Elizabeth Smith, the widow of the intestate. August 24, J889, the intestate conveyed the farm and property, by a warranty •deed, containing the usual covenants and habendum, in the *545absence, and without the knowledge of his wife, to a neighbor, S. R. Norton. The consideration expressed in the deed is thirty-five hundred dollars, but the master has found :
“There was no good…
2Cases cited8 opinions
- Pinney v. FellowsSupreme Court of Vermont · 1843
- Howard v. ScottSupreme Court of Vermont · 1877
- In re MerrillSupreme Court of Vermont · 1881
- Waterman v. BuckSupreme Court of Vermont · 1885
- BENNETT v. CAMPSupreme Court of Vermont · 1882
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3Cited by2 opinions
- Walston v. SmithSupreme Court of Vermont · 1896
- Dunn v. WilliamsSupreme Court of Vermont · 1935