Baxter v. Jones

MALLARD, Chief Judge.

Appeal of Plaintiffs

Plaintiffs contend that the trial judge committed error in failing to find that “Exhibit A” created a trust and invested title to the personalty and realty of Pearl Boyd Baxter in the plaintiffs.

“Trusts are classified in two main divisions: express trusts and trusts by operation of law. The cardinal distinction between the two classes is that an express trust is based upon a direct declaration or expression of intention, usually embodied in a contract; whereas a trust by operation of law is raised by rule or presumption of law based on acts or conduct,…