Bowler v. Curler
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Esmeralda county. Richard Rising, District Judge. The facts sufficiently appear in the opinion. I. If a trust exists, the daughter of plaintiff is the cestui que trust, and not the plaintiff. Any other interpretation defeats the manifest intentions of the parties and reduces the averments of the complaint to grotesque absurdity. II.
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Appeal from the District Court of the State of Nevada, Esmeralda county. Richard Rising, District Judge. The facts sufficiently appear in the opinion. I. If a trust exists, the daughter of plaintiff is the cestui que trust, and not the plaintiff. Any other interpretation defeats the manifest intentions of the parties and reduces the averments of the complaint to grotesque absurdity. II. Considering the whole case and giving due credit to all of the evidence, both written and parol, the.evidence is not sufficient to establish a trust for either plaintiff or liis daughter. The deed is absolute…
1Opinion of the Court
By the Court,
Belknap, C. J.:
The plaintiff conveyed certain real property described in the complaint to his father-in-law, the appellant. The deed of con veyanee states that it was made in consideration of the sum of one thousand two hundred dollars. Plaintiff claimed, and the court aud jury found, in substance, that the title to the property was conveyed to the appellant, without consideration, upon his promise to hold it in trust for the benefit of the plaintiff, and, in case of the plaintiff’s death, for the benefit of his infant daughter; and that the conveyance was made because of the…
2Cases cited4 opinions
- Wood v. . RabeNew York Court of Appeals · 1884
- Hoge v. HogeSupreme Court of Pennsylvania · 1832
- Cox v. ArnsmannIndiana Supreme Court · 1881
- Hayden v. DenslowSupreme Court of Connecticut · 1858
3Cited by11 opinions
- Arnold v. HallWashington Supreme Court · 1913
- Davidson v. StreeterNevada Supreme Court · 1951
- In Re Weir's EstateWashington Supreme Court · 1925
- Cardiff v. MarquisNorth Dakota Supreme Court · 1908
- Dutertre v. ShallenbergerNevada Supreme Court · 1893
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