Colwell Electric Co. v. Kale-Barnwell Realty & Construction Co.

When the grantee in a deed, conveying the legal title to land, promises, at or before so’acquiring the legal title, to hold it for the benefit of a third person, or declares that he will hold the land in trust for such third person, a valid, express trust is thereby created though the deed contains no provision with reference to any right of such third person. Avery v. Stewart, 136 N.C. 426, 48 S.E. 775; Sykes v. Boone, 132 N.C. 199, 43 S.E. 645. Such trust may be established by parol evidence which is clear, strong and convincing.

Though there is no such express promise or declaration, if the…