Hartman v. Loverud

The claim of appellants is that Mrs. Clancey created by parol a trust, of which Mr. Loverud was trustee, for the benefit of Johanna Masted and Mrs. Dearborn, and that the $4,000 trust fund must be paid over to Johanna Masted and the estate of Mrs. Dearborn.

Mr. Loverud testified that on April 7, 1930, Mrs. Clancey delivered to him a $7,500 mortgage and mortgage note, that they thereafter remained in his possession until they were fully paid, and that all but $4,000 of the avails were paid to Mrs. Clancey in part prior to her death and in part into her estate. Pie further testified that at the…