Fisher v. Donovan
Nebraska Supreme Court
Appeal from tbe district court of Fillmore county. Heard below before Hastings, J. The opinion contains a statement of the case. A trust involving personalty may be created, by parol. (Alien v. Withrow, 110 TJ. S. 119; Gilman v. McArdle, 99 N. Y. 451; Ellis v. Secor, 31 Mich. 185.) Any language showing that property or money shall be held for a purpose, or on behalf of another, will constitute a parol trust.
Read the full summary
Appeal from tbe district court of Fillmore county. Heard below before Hastings, J. The opinion contains a statement of the case. A trust involving personalty may be created, by parol. (Alien v. Withrow, 110 TJ. S. 119; Gilman v. McArdle, 99 N. Y. 451; Ellis v. Secor, 31 Mich. 185.) Any language showing that property or money shall be held for a purpose, or on behalf of another, will constitute a parol trust. (Foote v. Foote, 58 Barb. [N. Y.] 258; Chase v. Perky, 19 N. E. Rep. [Mass.] 398.) A verbal trust partially performed will be enforced in equity. (Rollins v. Rollins, 89 N. Y. 251.) A…
1Opinion of the CourtSullivan, J.
This action was brought to restrain the defendant' Lillian Donovan, widow of Jere Donovan, deceased, from converting to her own use the proceeds of two certificates of life insurance issued to her late husband by fraternal beneficiary societies, and to impress such, proceeds with a trust in favor of the plaintiffs as creditors of the insured. From a decree in favor of defendants the plaintiffs have appealed.
Jere Donovan was postmaster at Geneva, in Fillmore county. He was indebted to the plaintiffs and others for borrowed money. He represented to his creditors that in case of his death they…
2Cases cited10 opinions
- Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
- Supreme Council American Legion of Honor v. PerryMassachusetts Supreme Judicial Court · 1886
- Alexander v. ParkerIllinois Supreme Court · 1893
- Presbyterian Mutual Assurance Fund v. AllenIndiana Supreme Court · 1886
- Elsey v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mutual Life Ins. Co. of New York v. BufordSupreme Court of Oklahoma · 1916
- Pilcher v. PuckettSupreme Court of Kansas · 1908
- New York, Chicago & St. Louis Railroad v. LindIndiana Supreme Court · 1913
- Carron v. AbounadorNew Mexico Supreme Court · 1923
- Counsman v. Modern Woodmen of AmericaNebraska Supreme Court · 1903
11 more not listed; retrieve them via the Exa API.