Roethke v. Woehler

The case presents the question whether the proof is sufficient to .create a trust in the property of the wife for the benefit of these two petitioners.

The fact that this petition was not presented until after the time for filing claims had expired does not bar relief, if the proof is sufficient to establish the creation of a trust. Estate of Horkan, 193 Wis. 286, 290, 214 N. W. 438. Nor is there any-- question that a trust in personal property *303can be created by parol, provided that the evidence to establish it be clear and convincing. Dupont v. Jonet, 165 Wis. 554, 558, 162 N. W. 664.

The…