Legal Opinion
Austin v. Young
New Jersey Court of Chancery
Decided February 20, 1919PublishedCited by 8 opinions
On final hearing on bill to establish and enforce a trust in land.
1Opinion of the Court
Leaming, V. C.
This suit is to establish and enforce a trust of real estate in favor of complainant.
The primary inquiry herein is whether the trust which is claimed to exist is adequately manifested and proved by the writings which have been offered in evidence for that purpose.
By our statute of frauds it is declared as a rule of evidence that all declarations and creations of trust of lands shall be manifested and proved by some writing, signed by the party who is or shall be by law enabled to declare such trust, or else the trust shall be utterly void and of no effect. The exclusion *49of…
2Cited by8 opinions
- Vreeland v. DawsonNew Jersey Superior Court Appellate Division · 1959
- Hanstein v. KellyNew Jersey Superior Court Appellate Division · 1942
- Carberry v. CarberryNew Jersey Court of Chancery · 1945
- Tschiffely v. TschiffelyCourt of Appeals for the D.C. Circuit · 1939
- Frank v. GaylordNew Jersey Court of Chancery · 1936
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