Cobb v. . Edwards

As the argument developed the fact that intelligent counsel differ widely in the interpretation of our own adjudications upon the subject of parol trusts, especially as to the nature and quantum of proof necessary to set them up, it is perhaps well to recur to first principles and begin at the foundation the discussion of the doctrine that has been built upon them.

Judge Pearson in Wood v. Cherry, 73 N.C. 110 laid down the rule that trusts could be created only in one of four modes, viz., either by

1. Transmission of the legal estate where a single declaration will raise the use or trust.

2. A…