Walston v. Smith
Supreme Court of Vermont
Bill in Chancery. Tbe cause came on for hearing upon the'pleadings, the original and supplemental reports of the master and exceptions of both parties thereto, at the December Term, 1895, Addison County. Norton was a passive trustee for Smith, He conveyed to Smith’s wife by Smith’s direction. This amounted to a conveyance by Smith to his wife through a trustee, the necessary method.
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Bill in Chancery. Tbe cause came on for hearing upon the'pleadings, the original and supplemental reports of the master and exceptions of both parties thereto, at the December Term, 1895, Addison County. Norton was a passive trustee for Smith, He conveyed to Smith’s wife by Smith’s direction. This amounted to a conveyance by Smith to his wife through a trustee, the necessary method. Consequently, the title passed according to the terms of the conveyance, and the statute of frauds forbids the creation by parol of such a trust as the orators seek to establish. The trust sought to be set up is…
1Opinion of the Court
Ross, C. J.(1) The solicitor for the defendants concedes *21that, when this case was before this court, as found iri the 67 Vt. 542, the court properly held, on the findings of the master, that, by the conveyance from the intestate to Norton, the latter took simply the title to the premises, as a passive trustee, for the beneficial use of the intestate; and that, except to a bona fide purchaser, for value, without notice, Norton, without the consent and direction of the intestate, could convey no greater title than he, Norton, held. But he contends, that, it now being found by the master that…
2Cases cited12 opinions
- Livingston v. LivingstonNew York Court of Chancery · 1817
- Cotton v. WoodSupreme Court of Iowa · 1868
- Pinney v. FellowsSupreme Court of Vermont · 1843
- Barron v. BarronSupreme Court of Vermont · 1852
- M'Culloch v. CowherSupreme Court of Pennsylvania · 1843
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3Cited by7 opinions
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- Montgomery v. McNuttSupreme Court of Alabama · 1926
- Monahan v. MonahanSupreme Court of Vermont · 1904
- Neppach v. NorvalOregon Supreme Court · 1925
- In Re the Estate of HammerWashington Supreme Court · 1927
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