Scott v. Miller
Supreme Court of Arkansas
1Opinion of the CourtKirby, J.
Appellant insists that the chancellor erred in not holding that the fund could be impressed with a trust, and that the testimony warranted a decree in her favor.
It appears to be well settled law, in the absence of statutes providing otherwise, that a trust in personal property may be declared, created, or admitted verbally, and proved by parol testimony. It is said in K. C. L.:
“In some jurisdictions an express trust cannot be created by parol, even as to personal property, but the great weight of authority is to the effect that the statute of frauds does not extend to trusts of personal…
2Cases cited6 opinions
- Hirsh v. . AuerNew York Court of Appeals · 1895
- Bray v. TimmsSupreme Court of Arkansas · 1924
- Chew v. BrumagenSupreme Court of the United States · 1872
- Catland v. HoytSupreme Judicial Court of Maine · 1886
- Colegrove v. ColegroveSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hawkins v. ScanlonSupreme Court of Arkansas · 1947
- Oliver v. OliverSupreme Court of Arkansas · 1931
- Williams v. ThrasherCourt of Appeals for the Fifth Circuit · 1933
- Hand v. Mitchell, AdministratorSupreme Court of Arkansas · 1946
- Laster v. OldhamSupreme Court of Arkansas · 1934
2 more not listed; retrieve them via the Exa API.