Swazee v. Lee

It is not necessary to create a trust by written instrument but where it is alleged that a trust is created by parol the evidence concerning the creation and the terms of the trust must be clear and convincing. Hartman v. Loverud (1938), 227 Wis. 6, 277 N. W. 641. In a trial to the court findings of fact will not be set aside on appeal unless they are contrary to the great weight and clear preponderance of the evidence. Lerner v. Lerner (1948), 252 Wis. 87, 31 N. W. (2d) 208; Ische v. Ische (1948), 252 Wis. 250, 31 N. W. (2d) 607. The learned trial court here specifically found:

“8. That there…