Hamilton v. San Antonio Loan & Trust Co.

W. O. MURRAY, Chief Justice.

I dissent in part, from the opinion of the majority.

I cannot agree that we should establish an implied trust, either constructive or resulting for the reason the estate here is being administered under the terms of an expressed trust. Where there is an expressed trust in existence and being properly administered there is no occasion for an implied trust. Bogert on Trusts, Vol. 2-A, page 555, § 468. If the trust here be regarded as a resulting trust, then it was created by the judgment of the 73rd District Court dated May 5, 1924, and there is no reason why we…