Legal Opinion

Carter v. Gibson

Nebraska Supreme Court

Decided April 8, 1890PublishedCited by 11 opinions

Appeal from the district court for Cass county. Heard below before Chapman, J. The written agreement is a declaration of trust signed by Carter as settlor, and by Gibson as trustee. (1 Perry, Trusts, sec. 260; 1 Lewin, Trusts, [8th Ed.], 200; 2 Story, Eq. Jur., sec. 964; Field v. Arrowsmith, 3 Humph. [Tenn.], 442; Flint v. Clinton, 12 N. H., 432.) There is always a strong presumption of acceptance of a trust.

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Appeal from the district court for Cass county. Heard below before Chapman, J. The written agreement is a declaration of trust signed by Carter as settlor, and by Gibson as trustee. (1 Perry, Trusts, sec. 260; 1 Lewin, Trusts, [8th Ed.], 200; 2 Story, Eq. Jur., sec. 964; Field v. Arrowsmith, 3 Humph. [Tenn.], 442; Flint v. Clinton, 12 N. H., 432.) There is always a strong presumption of acceptance of a trust. (Furman v. Fisher, 4 Coldw. [Tenn.], 626.) The instrument constituted an express, executory trust. (2 Story’s Equity, sec. 980; Massey v. Huntington, 118 111., 80; Buchanan v. Hoioard, 3…

1Opinion of the CourtMaxwell, J.

This action was brought by the plaintiff against the defendant to establish a trust in certain real estate and for an accounting upon the following contract:

“ This agreement, made and entered into this 13th day of May, 1887, between B. A. Gibson and J. M. Carter, witnesseth:

“ That whereas said B. A. Gibson is the owner of a certain judgment rendered in foreclosure proceedings in the district court of Cass county, Nebraska, in an action pending in said court wherein Beardsley & Clark* successors to Beardsley & Davis, were plaintiffs, and J. M. Carter and Eliza Carter were defendants, and the…

2Cases cited7 opinions

  1. Morse v. . MorseNew York Court of Appeals · 1881
  2. Kingsbury v. BurnsideIllinois Supreme Court · 1871
  3. Lewis v. FewNew York Supreme Court · 1809
  4. Fisher v. FieldsCourt for the Trial of Impeachments and Correction of Errors · 1812
  5. Wright v. . DouglassNew York Court of Appeals · 1853

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. McCoy v. McCoySupreme Court of Oklahoma · 1911
  2. Gordon v. Central Park Little Boys LeagueSupreme Court of Alabama · 1960
  3. Teal v. Pleasant Grove Local Union No. 204, Etc.Supreme Court of Alabama · 1917
  4. Harras v. HarrasWashington Supreme Court · 1910
  5. A. P. Cook Co. v. BellMichigan Supreme Court · 1897

6 more not listed; retrieve them via the Exa API.

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