Harrington v. Harrington

The plaintiff mother brought this suit against the defendants, her son and daughter-in-law, to establish a constructive trust upon real and personal property transferred by her to them. The trial court found for the plaintiff.

We announced the applicable rule of law in Hanscom v. Irwin, 186 Or 541, 565, 208 P2d 330 (1949), by adopting § 44, 1 Restatement, Trusts: ①

“(1) Where the owner of an interest in land transfers it inter vivos to another in trust for the transferor, but no memorandum properly evidencing the intention to create a trust is signed, as required by the Statute of Frauds, and…