Kamihana v. Glade
Hawaii Supreme Court
Question Deserved. An express trust in personal property may be created, by parol, and, if continuing, is not within the Statute of Limitations. Plaintiff claimed to recover, from the administrators of her employer, wages for domestic service; and alleged that the deeede nt promised to take care of the wages and give them to her when she got old.
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Question Deserved. An express trust in personal property may be created, by parol, and, if continuing, is not within the Statute of Limitations. Plaintiff claimed to recover, from the administrators of her employer, wages for domestic service; and alleged that the deeede nt promised to take care of the wages and give them to her when she got old. Held, under the rule that the subject, the purposes, and the beneficiary of a trust must be clearly ascertained, that the evidence failed to show that a trust was created; and therefore the Statute of Limitations would run against the claim. Verdict…
1Opinion of the Court
Opinion oe the Court, by
Judd, C. J.
This is an action of assumpsit to recover $3,720 for work and labor alleged to have been done by plaintiff for the deceased intestate. The bill of particulars claims wages from the year 1853 to 1884, at $10 per month, said pay having been retained by said Schriever from month to month as the same became due, he agreeing with plaintiff to hold the same in trust for her and subject to her order, and no demand having been-made therefor until June 5th, 1885, upon the administrator, who disallowed the same.-
The answer is general issue, and the statute of…
2Cases cited2 opinions
- Day v. . RothNew York Court of Appeals · 1858
- Baker v. JosephCalifornia Supreme Court · 1860
3Cited by3 opinions
- Wery v. Pacific Trust Co.Hawaii Supreme Court · 1936
- Kuwahara v. KuwaharaHawaii Supreme Court · 1916
- Rodrigues v. RodriguesHawaii Supreme Court · 1928