Morris v. Morris

There was no error in the interlocutory decree confirming the master’s report and the final decree. The plaintiffs have failed to establish (as was their burden, see American Employers’ Ins. Co. v. Webster, 322 Mass. 161, 165 [1947]) that Mary C. Morris (defendant) holds the real estate, or the proceeds of the sale of a part of the real estate, in trust for the children of Mary M. Morris (mother). Although the Statute of Frauds would not bar the establishment of an oral express trust directed to the proceeds of the sale of the real estate (Chace v. Gardner, 228 Mass. 533 [1917]), the master’s…