Foster v. Treadway
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; Where in a deed the word “.trustee” is added to the name of the grantee, but there is no declaration of trust, the word “trustee” may be regarded as descriptio personae. 104 Fed. 398. A trust must be declared in writing. 45 Ark. 481, 483; 99 U. S. 100; 56 Ark. 130, 136; 55 Ark. 414; 42 Ark. 503; 41 Ark. 393. An absolute deed cannot be converted into a trust for the benefit of a stranger by .parol evidence,…
Read the full summary
Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; Where in a deed the word “.trustee” is added to the name of the grantee, but there is no declaration of trust, the word “trustee” may be regarded as descriptio personae. 104 Fed. 398. A trust must be declared in writing. 45 Ark. 481, 483; 99 U. S. 100; 56 Ark. 130, 136; 55 Ark. 414; 42 Ark. 503; 41 Ark. 393. An absolute deed cannot be converted into a trust for the benefit of a stranger by .parol evidence, unless it be so clear and certain as to leave no well-founded doubt upon the subject. 48 Ark. 169; 45 Ark. 484; 71 Ark.…
1Opinion of the CourtMcCulloch, C. J.
The appellee’s father, Paca H. Tread-way, owned a tract of land in Pulaski County, Arkansas, which constituted his homestead, and conveyed a life estate therein' to his wife, E. H. Treadway, with remainder over at her death to appellee and his other children, and also to appellant, Mary Jane Foster, the daughter of E. H. Treadway, by a former marriage. Subsequent to the death of Paca H. Treadway this land was sold and conveyed away, the remaindermen all joining with the life tenant in the conveyance, and out- of the proceeds of that sale the appellant was paid in cash her share. Another tract…
2Cases cited1 opinion
- Sale v. McLeanSupreme Court of Arkansas · 1874
3Cited by3 opinions
- Lasker-Morris Bank & Trust Co. v. GansSupreme Court of Arkansas · 1918
- Keith v. WheelerSupreme Court of Arkansas · 1912
- Morrison v. ParishCourt of Appeals of Texas · 1964