Wacasey v. Wacasey

(after stating the facts as above). The plaintiff in error first predicates error upon the overruling of a general demurrer to the petition of the defendant in error, upon the ground that the petition does not allege facts showing a resulting trust or creating an express trust. The allegations, in effect, are that J. W. Wacasey collected and held in his possession the sum of $2,197.30, which was the balance of the community funds owing to the estate of Bess Wacasey and her deceased husband, Alfred V. Wacasey, and belonging to Bess Wacasey and her minor son, and that he “invested said balance…