Walters v. Walters
New Mexico Supreme Court
Appeal from District Court, Chaves County; McClure, Judge. Action by Owen R. "Walters and others against Robert 0. Walters, a minor. Judgment for plaintiffs, and defendant appeals.
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Appeal from District Court, Chaves County; McClure, Judge. Action by Owen R. "Walters and others against Robert 0. Walters, a minor. Judgment for plaintiffs, and defendant appeals. Plaintiff pleads that certain real property described in the complaint was conveyed to Ray Walters by Robert 0. Walters, pursuant to an agreement of the said Ray Walters to receive and hold the same in trust, the deeds-being absolute on their faces; a trust arising from agreement of parties whether written or oral, is an express trust and must be manifested or proved, although it need not be created, by some…
1Opinion of the Court
OPINION OP THE COURT.
MECHEM, M. C.,
District Judge. This is an action brought to impress a trust upon real estate. The plaintiffs are the children of Robert O. Walters, deceased, and the defendant is the infant son of Ray Walters, deceased, who was a child of the said Robert O. Walters. Judgment was rendered by the lower court enforcing the trust claimed by plaintiffs. From this judgment the defendant appeals.
The facts as shown by the record are as follows: Robert O. Walters, a widower, and a man of considerable means, on the'3d day of November, 1913, made over his entire estate to his son,…
2Cases cited3 opinions
- Arntson v. First National BankNorth Dakota Supreme Court · 1918
- Mead v. MeadCalifornia Court of Appeal · 1919
- Clark v. Queen InsuranceNew Mexico Supreme Court · 1916
3Cited by14 opinions
- Galvan v. MillerNew Mexico Supreme Court · 1968
- Matter of FerrillNew Mexico Court of Appeals · 1981
- Giovannini v. TurriettaNew Mexico Supreme Court · 1966
- Schmidt v. MerriweatherNevada Supreme Court · 1966
- Shultz v. RameyNew Mexico Supreme Court · 1958
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