Forsyth v. Wellman

Opinion of the Court by

Judge Dawson

Affirming.

This action attempts to establish a parol trust in favor of the heirs of John A. Dils who died intestate on April 16, 1940, a resident of Pike County.

Prior to 1926 Dils was the owner of several hundred acres of land on Red Creek in Pike County. It is not clear from the record just what this acreage amounted to. For several years Dils had owed the Pikeville National Bank approximately $4,000, as evidenced by his promissory notes which he had been unable to meet at maturity and on which he had neglected to pay the interest when due. In 1926, in an…