Carter v. Gibson
Nebraska Supreme Court
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…
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