Lassiter v. Goldblatt Bros.

In an ordinary warranty deed from Jacob Rimbach, Incorporated, grantor, the grantees were designated as “Jacob Rimbach, Trustees.” Appellants assert that from extraneous evidence the “Trus tees” may be identified as the four daughters of Jacob Rimbach, deceased, who were then acting as trustees under a testamentary trust created by him and after his death amended by them with the consent of the court having jurisdiction of the trust. To this much only of appellants’ argument appellees assent.

Going a step further, appellants say that inasmuch as the deed itself does not create a trust, the…