Gale v. Witt

Roy A. Gale and his brother, Melvin C. Gale, sued to impress a trust upon certain real property distributed to John H. Witt in accordance with the will of their mother, Ada L. Gale. Upon appeal from the judgment of dismissal, which followed an order sustaining an objection to the introduction of any evidence in support of the allegations of the complaint, the question for decision concerns the sufficiency of the pleaded facts to state a cause of action.

The will of Mrs. Gale bequeathed $250 to her son Roy, devised certain real property to Witt and named him as executor. The residue of the…