Russell's Ex'rs v. Passmore
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Charlotte county. Decree for complainants. Defendants appeal. This suit in equity involves the question of the existence of an express parol private trust, created by a gift. The subject of the trust, if it exists, is personal property. The donor was George E. Passmore, the father of appellees, who were plaintiffs in the court below.
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Appeal from a decree of the Circuit Court of Charlotte county. Decree for complainants. Defendants appeal. This suit in equity involves the question of the existence of an express parol private trust, created by a gift. The subject of the trust, if it exists, is personal property. The donor was George E. Passmore, the father of appellees, who were plaintiffs in the court below. The trustee was George B. Russell, the testator of appellants, who were defendants in the court below. The donor had only four children, two boys, George E. Passmore, Jr., and Washington Passmore, and two girls, Marion…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
The following questions presented for pur decision by the assignments of error and cross-error will be disposed of in their order as stated below.
1. Are the facts set out in the bill, and is the evidence in the cause, sufficiently unequivocal, explicit, clear and convincing to establish the parol trust alleged in the bill, which was for the exclusive benefit of George E. Passmore, Jr.; and if so was the interest vested in the latter under that trust as originally created irrevocable by the donor after…
2Cases cited18 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Prevost v. GratzSupreme Court of the United States · 1821
- Doan v. Vestry of the Parish of the AscensionCourt of Appeals of Maryland · 1906
- Standard Paint Co. v. E. K. Vietor & Co.Supreme Court of Virginia · 1917
- Young v. HollandSupreme Court of Virginia · 1915
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3Cited by32 opinions
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- Broaddus v. GreshamSupreme Court of Virginia · 1943
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- Wiglesworth v. TaylorSupreme Court of Virginia · 1990
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