Johnson v. Amberson
Supreme Court of Alabama
Appeal from the Chancery Court of EtoAvah. Heard before the Hon. R.. B. Kelly. The bill in this case was filed by the appellee, Ernest Amberson, against the appellants, T. L. Johnson and the Queen City Bank of Gadsden, and had for its purpose having declared a trust estate in certain shares of the capital stock of the Queen City Bank in favor of the complainant and to have the same enforced.
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Appeal from the Chancery Court of EtoAvah. Heard before the Hon. R.. B. Kelly. The bill in this case was filed by the appellee, Ernest Amberson, against the appellants, T. L. Johnson and the Queen City Bank of Gadsden, and had for its purpose having declared a trust estate in certain shares of the capital stock of the Queen City Bank in favor of the complainant and to have the same enforced. It was averred in the bill that in 1891 the Queen City Bank, a banking institution, incorporated under the la\vs of Alabama, and located at Gadsden, Alabama, issued to “T. H. Amberson, trustee,” a…
1Opinion of the Court
DOWDELL, J.-
It seems to be well adjudicated, that a trust in personal property may be declared and proven by parol.- — See 27 Am. & Eng. Encyc. Law, (1st ed.) p. 54, where authorities are cited in note. We do not understand that, the appellants controvert this proposition. The declaration of T. H. Amberson at the time he paid and subscribed for the stock in the defendant bank were admissible in evidence to show the creation of the trust in the stock, and for whom the trust was created; the certificate having been issued to “T. H. Amberson, trustee,” omitting the name of the beneficiary. So,…
2Cases cited9 opinions
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Relief Fire Ins. Co. of NY v. ShawSupreme Court of the United States · 1877
- Hall v. HendersonSupreme Court of Alabama · 1899
- Wolffe v. StateSupreme Court of Alabama · 1885
- Sayre v. WeilSupreme Court of Alabama · 1891
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3Cited by2 opinions
- Westcott v. SharpSupreme Court of Alabama · 1951
- Ex Parte State Ex Rel. Mobile & N. R.Supreme Court of Alabama · 1922