Pantone v. Pantone

Atkinson, Justice.

(After stating the foregoing facts.) Where a petition seeks to establish an express trust, upon demurrer it will be presumed that the proof will be established in writing unless the contrary appears. Eaton v. Barnes, 121 Ga. 548 (3) (49 S. E. 593). We find nothing in the petition to authorize an interpretation that any agreement alleged could be established in writing; but from the petition it is clear that the conditions under which Earnest Pantone was alleged to be holding the property described in the deed were made only by parol declarations.

The allegations of the…