Lane v. Lane
Supreme Judicial Court of Maine
On report. Bill in equity. The opinion sufficiently states the facts. contended that the case showed : 1st. An express trust created by parol and proved by "some writing.” "Some writing” means any writing however informal from which the existence of the trust in the estate and the terms of it can be sufficiently understood, whether it was intended by the signer as such or not.” McClellan v. McClellan, 65 Maine, 500 ; Pomeroy on Equity, § 1006-1007, and notes.
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On report. Bill in equity. The opinion sufficiently states the facts. contended that the case showed : 1st. An express trust created by parol and proved by "some writing.” "Some writing” means any writing however informal from which the existence of the trust in the estate and the terms of it can be sufficiently understood, whether it was intended by the signer as such or not.” McClellan v. McClellan, 65 Maine, 500 ; Pomeroy on Equity, § 1006-1007, and notes. It may be a subsequent writing. Ibidem. Trust may be incidentally recognized or admitted in a letter. Kingsbury v. Burnside, 58 111.…
1Opinion of the CourtPeters, C. J.
The complainant was married to the principal defendant in 1841, they living together until 1870, and after that time separately until 1874, when she obtained a divorce. The complainant first knew of the divorce in 1880. In 1868, he conveyed to her, by means of a deed from himself to a brother who conveyed immediately to her, certain valuable real estate in Saco. She also got into her possession some thousands of dollars of his money, which came from his earnings and from debts due to him.
In 1882, he commenced against her an action of money had and received, to recover his money in her hands,…
2Cases cited1 opinion
- Edgerly v. EdgerlyMassachusetts Supreme Judicial Court · 1873
3Cited by3 opinions
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Greenberg v. GreenbergSupreme Judicial Court of Maine · 1945
- Oldham v. OldhamSupreme Court of Rhode Island · 1937