Grossman v. Taylor

Kirby, J.,

(after stating the facts). The larv designates all creditors of a failed bank, of which the bank commissioner has taken charge, as either “secured creditors, prior creditors or general creditors;” and in act 107 of 1927, § 1, defines a prior creditor as follows:

“(5) The beneficiary of an express trust, as distinguished from a constructive trust, a resulting trust, or a trust ex-maleficio, of which the said bank was the trustee, and which was evidenced by a writing signed by said bank at the time thereof.” The instrument cre-^ ating the express trust of the funds deposited in the…