Doran v. Doran

Citations

• 99 Cal. 311
• 33 P. 929
• 1893 Cal. LEXIS 659

Syllabus

<p>Conveyance doting Last Sickness—Tbust—Finding—Absolute Conveyance. —Where a person during his last sickness and in contemplation of death executed a conveyance of his real property to his brother, of his own motion and without any solicitation, undue influence, or fraud on the part of the grantee, the mere statement by the grantor to the grantee at the time of the conveyance that he knew the latter would do what was right, does not show either an express trust or a trust arising by operation of law, and a finding that such conveyance is absolute will not be disturbed upon appeal.</p> <p>Id.—Tbust, how Cheated__An express trust in real property can only be created or declared by a written instrument subscribed by the trustor or trustee; but an express or implied trust in relation to personal property may be declared and proved by parol.</p> <p>Gift Causa Mobtis—Revocation.—A gift causa mortis maybe revoked by the donor at any time during his life and without the consent of the donee.</p> <p>Id.—Assignment of Pass-book—Demand fob Money—Tbust fob Heibs.— Where a person during his last illness, and in contemplation of death, assigned a bank pass-book to his brother, and some five days thereafter on the morning of his death, told his brother to hurry down to the bank and get out his money and bring it up to him,, a revocation of the gift is thereby shown, and the brother will be held to be a trustee of the money for the heirs of the decedent.</p>