Sadowski v. Rykaczewski

The Chancellor.

The complainants seek to establish a *30trust upon lands held by the defendants. The trust, if it exists, is one lying in parol.

It is conceded that the purchase of property by a husband’s funds raises no presumption of a trust in his favor when the title is taken in the name of himself and his wife, but that on the contrary the presumption is that the husband intended in the event of his death that the property should be his wife’s. If, therefore, there is any trust impressed upon this property, it must exist solely by reason of an express parol agreement entered into by the wife…