Legal Opinion

O'Neil v. Greenwood

Michigan Supreme Court

Decided October 1, 1895PublishedCited by 24 opinions

Appeals from Ionia; Moore, J., presiding. Separate bills by Lavalette O’Neil and Nancy Calista Warner against Levi M. Greenwood, administrator of the estate of Lewis Willey, deceased, and others, to enforce a trust. From a decree for the complainant in each case, defendants appeal. No particular form of words is necessary to create a trust. It may be inferred from the facts and circumstances surrounding the transaction.

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Appeals from Ionia; Moore, J., presiding. Separate bills by Lavalette O’Neil and Nancy Calista Warner against Levi M. Greenwood, administrator of the estate of Lewis Willey, deceased, and others, to enforce a trust. From a decree for the complainant in each case, defendants appeal. No particular form of words is necessary to create a trust. It may be inferred from the facts and circumstances surrounding the transaction. If such a purpose is- shown on the part of the donor, that is sufficient. Perry, Trusts. § 132; Eilis v. Secor, 31 Mich. 185; Cummings v. Corey, 58 Mich. 502; Chadwick v.…

1Opinion of the CourtMcGrath, C. J.

Lewis Willey, grandfather of Lavalette O’Neil and the father of Galista Warner, died suddenly, May 11,1893, aged 77 years. He had, in 1891, been troubled with la grippe. In the early part of January, 1S92, he had called in a physician, and in the course of that illness he was informed that he was liable to sudden death. Trior to January 29, 1892, he had conveyed to his children all of his real estate. He had three grandchildren, — Vernon and Fay Willey, sons of Lewis Bradley Willey, and Lavalette O’Neil. He had conveyed a farm, estimated to be worth in the neighborhood of $4,000, to Vernon…

2Cases cited16 opinions

  1. Beaver v. . BeaverNew York Court of Appeals · 1889
  2. Martin v. . FunkNew York Court of Appeals · 1878
  3. Young v. . YoungNew York Court of Appeals · 1880
  4. Love v. FrancisMichigan Supreme Court · 1886
  5. Ellis v. SecorMichigan Supreme Court · 1875

11 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Stephenson v. GoldenMichigan Supreme Court · 1937
  2. Shepard v. ShepardMichigan Supreme Court · 1910
  3. Candee v. Connecticut Savings BankSupreme Court of Connecticut · 1908
  4. Clay v. LaytonMichigan Supreme Court · 1903
  5. Gordon v. Central Park Little Boys LeagueSupreme Court of Alabama · 1960

19 more not listed; retrieve them via the Exa API.

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