Heitkemper v. Schmeer

The plaintiff contends that Schmeer is the trustee of a resulting trust, whereas it is the contention of the defendants that the trust is not a resulting, but an express, trust.

The case of Neppach v. Norval, 116 Or. 593 (240 Pac. 883, 242 Pac. 605), was a suit to declare a resulting trust in certain real estate; and, in dealing with the subject, this court said, at page 604:

“In this state an express trust is one created by contract of the parties intentionally and in writing. Every other trust is either constructive or resulting. ’ ’

In Bogert on Trusts, beginning at page 43, ap-, pears an…