Bickford v. Estate of Bickford
Supreme Court of Vermont
Appeal from a decree of the probate court dismissing a petition for license to sell real estate. The petitionee filed a motion to dismiss in the county court. Heard upon such motion at the December term, 1895, Bennington county, Munson, J., presiding. Motion sustained and petition dismissed. The petitioner excepts. When real estate is purchased and paid for one person and the conveyance taken to another, a trust results in the latter by implication of law.
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Appeal from a decree of the probate court dismissing a petition for license to sell real estate. The petitionee filed a motion to dismiss in the county court. Heard upon such motion at the December term, 1895, Bennington county, Munson, J., presiding. Motion sustained and petition dismissed. The petitioner excepts. When real estate is purchased and paid for one person and the conveyance taken to another, a trust results in the latter by implication of law. Williams, Adm., v. Wager, 64 Vt. 326 ; Livermore v. Aldrich, 5 Cush. 431; Barron v. Barron, 24 Vt. 375 ; Clark v. Clark, 43 Vt. 685 ;…
1Opinion of the CourtStart, J.
The petitioner preferred his petition to the probate court for the district of Bennington, setting forth, that Electa Bickford, at the time of her decease, held the legal title to certain real estate in trust for him; that the trust is not expressed in the deeds conveying said real estate, but rests wholly in implication of law, and in oral evidence; and praying that the court decree the execution of the trust, and grant license to the administrator to convey said real estate to him. The probate court, and the county court, on motion, dismissed the petition; and the only question presented…
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