Miles v. Miles
Supreme Court of Kansas
Error from Cowley district court; Carroll L.. Swarts, judge. STATEMENT. On July 5, 1905, Eleanora Miles, a widow, executed and delivered to T. M. James, as trustee, a certain deed. The deed recites that Mrs. Miles, who resided at Burden, Cowley county, owned and possessed certain real estate and personal property. The real estate, which is fully described, consisted of several farms-in Cowley county and a number of city lots in Kansas City, Mo.
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Error from Cowley district court; Carroll L.. Swarts, judge. STATEMENT. On July 5, 1905, Eleanora Miles, a widow, executed and delivered to T. M. James, as trustee, a certain deed. The deed recites that Mrs. Miles, who resided at Burden, Cowley county, owned and possessed certain real estate and personal property. The real estate, which is fully described, consisted of several farms-in Cowley county and a number of city lots in Kansas City, Mo. The personal property consisted of $3500’ in bank, for which she held a certificate of deposit.. After the description of the property the conveyance1…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
It is the contention of plaintiffs in error that the trust created by the deed is an executory one, and conveyed no present interest to the donees; that the latter took nothing by the deed until the death of Mrs. Miles and the conveyances by the trustee after her death; and that the conveyance was subject to revocation during her lifetime. For these reasons it is insisted that the trust is void. It is well settled that *386courts of equity will enforce a perfect or executed trust, though voluntary, but will lend no assistance in enforcing an…
2Cases cited8 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
- Reed v. HazletonSupreme Court of Kansas · 1887
- Hazleton v. ReedSupreme Court of Kansas · 1891
- Norway Savings Bank v. MerriamSupreme Judicial Court of Maine · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ackers v. First National Bank of TopekaSupreme Court of Kansas · 1963
- Hempel v. HempelSupreme Court of Minnesota · 1948
- Gurnett v. Mutual Life InsuranceAppellate Court of Illinois · 1932
- Moore v. HayesSupreme Court of Kansas · 1933
- Staples v. MurraySupreme Court of Kansas · 1928