Skeen v. Marriott
Utah Supreme Court
Appeal from the Second District Court Weber County. Hon. H. H. Rolapp, Judge. Action by plaintiffs to have declared and established an express trust in their favor in a certain alleged fund alleged to have been delivered to defendant for the benefit of plaintiffs. From a judgment for defendant plaintiffs appealed.
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Appeal from the Second District Court Weber County. Hon. H. H. Rolapp, Judge. Action by plaintiffs to have declared and established an express trust in their favor in a certain alleged fund alleged to have been delivered to defendant for the benefit of plaintiffs. From a judgment for defendant plaintiffs appealed. “A parol agreement made at the time of executing a conveyance of real estate, that the grantee shall hold the property .for the grantor until sold, and when sold pay the proceeds to him, is void as an attempt to create &• trust (in real property) by parol, and the land and money for…
1Opinion of the Court 1
A statement of the case having been made as above,
2Opinion of the Court · BartchBartch, C. J.
It is obvious that the principal and decisive question presented on this appeal is whether an express trust was created, by the transactions disclosed by the evidence, for, if the plaintiffs are at all entitled to recover in this action, it must be because of such a trust. If a trust was created in this instance, it must rest on parol, for there is no writing on which it can be based. There is no doubt however that a trust in personal property may be declared admitted, or created by parol declarations, and may be proved by parol evidence.…
3Cases cited16 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Allen v. WithrowSupreme Court of the United States · 1884
- Gibler v. TrimbleOhio Supreme Court · 1846
- Chambers v. EmeryUtah Supreme Court · 1896
- Roche v. George's Ex'orCourt of Appeals of Kentucky · 1893
11 more not listed; retrieve them via the Exa API.
4Cited by14 opinions
- Morrow v. MatthewIdaho Supreme Court · 1904
- Novosel v. Sun Life Assurance Co. of CanadaWyoming Supreme Court · 1936
- Jensen v. HowellUtah Supreme Court · 1929
- Christensen v. Ogden State BankUtah Supreme Court · 1930
- Anderson v. CerconeUtah Supreme Court · 1919
9 more not listed; retrieve them via the Exa API.