Westbrook v. Westbrook

Wyatt, Presiding Justice.

The law of this State with reference to the creation of trusts provides as follows: “All express trusts shall be created or declared in writing.” Code § 108-105. “Trusts are implied — 1. Whenever the legal title is in one person, but the beneficial interest, either from the payment of the purchase money or other circumstances, is either wholly or partially in another. 2. Where from any fraud, one person obtains the title to property which rightly belongs to another. 3. Where from the nature of the transaction it is manifest that it was the intention of the parties…