Hodges v. Hodges

Mobley, Justice.

1. The original petition alleges that the property was conveyed to the defendant as agent to hold the property in trust and to manage the plaintiff’s interest, and was not intended to give the property to the defendant for his own personal gain and enjoyment. The petition did not allege that there was ever any agreement between the parties that the defendant would hold the property in trust, and, hence, did not meet the requirements necessary to establish an express trust under Code § 108-104, which provides that “Express trusts are those created and manifested by agreement of…