Cornatzer v. Nicks

PARKER, Judge.

The judgment must be affirmed. In the absence of fraud or other ground for equitable relief, a grantor may not impose a parol trust for his benefit on land which he conveys by deed purporting to vest title in the grantee. Willetts v. Willetts, 254 N.C. 136, 118 S.E. 2d 548. Plaintiff’s counsel recognizes this and seeks to distinguish Willetts by the contention that in the present case a confidential or fiduciary relationship existed between plaintiff and her son. An allegation to that effect was included in the complaint, but plaintiff’s own deposition conclusively demonstrates…