Barron v. Stuart
Supreme Court of Arkansas
Appeal from Greene Chancery Court; Archer Wheatley, Chancellor; STATEMENT OF FACTS. Appellants, who were the daughters and grandchildren of J. W. Stuart, deceased, brought this suit in equity against appellee, who were the sons and the widow of J. W. Stuart, deceased, and the object of the suit was to establish a trust in certain property devised by said J. W. Stuart to his wife, M. R. E. Stuart.
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Appeal from Greene Chancery Court; Archer Wheatley, Chancellor; STATEMENT OF FACTS. Appellants, who were the daughters and grandchildren of J. W. Stuart, deceased, brought this suit in equity against appellee, who were the sons and the widow of J. W. Stuart, deceased, and the object of the suit was to establish a trust in certain property devised by said J. W. Stuart to his wife, M. R. E. Stuart. Appellees answered, denying the trust and averring that the property was left to Mrs. M. R. E. Stuart absolutely under the terms of the will. J. W. Stuart was born in Greene County, Arkansas, and…
1Opinion of the Court
Hart, J.,
(after stating the facts).. Section 3666 of Kirby’s Digest reads as follows:
“All declarations or- creations of trusts or confidences of any lands or tenements shall be manifested and proven by some writing signed by the party who is or shall be by law enabled to declare such trusts, or by his last will in writing, or else they shall be void; and all grants and assignments of any trusts or confidences shall be in writing, signed by the party granting or assigning the same, or by his last will in writing, or else they shall be void.”
Under this section all declarations of trust which…
2Cases cited17 opinions
- Hoge v. HogeSupreme Court of Pennsylvania · 1832
- Brook v. ChappellWisconsin Supreme Court · 1874
- Dowd v. TuckerSupreme Court of Connecticut · 1874
- Spradling v. SpradlingSupreme Court of Arkansas · 1911
- Harbour v. HarbourSupreme Court of Arkansas · 1912
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Andres v. AndresCourt of Appeals of Arkansas · 1981
- Teuscher v. GraggSupreme Court of Oklahoma · 1929
- Bray v. TimmsSupreme Court of Arkansas · 1924
- O'Connor v. PattonSupreme Court of Arkansas · 1926
- Monach v. KoslowskiMassachusetts Supreme Judicial Court · 1948
9 more not listed; retrieve them via the Exa API.