Dougherty v. Shillingsburg

Citations

• 175 Pa. 56
• 34 A. 349
• 1896 Pa. LEXIS 1207

Syllabus

<p>Trusts and trustees — •Parol trust — Decedent's estates.</p> <p>While equity will not lend its aid to the creation of a voluntary parol trust, however clear may have been the intention of the donor to create such a trust, yet if the donor himself actually creates or establishes the trust, equity will enforce its execution.</p> <p>K., the owner of a half interest in an oyster schooner and oyster beds, in his last illness, executed in the presence of witnesses a bill of sale of his property to S., and directed him to pay one third of the money to T., one third to S.’s daughter, a portion of the remainder to K.’s brother, and the balance to the payment of K.’s debts. S. in the presehee of and by the direction of K. executed and delivered to T. a note for his share, which he afterwards paid, and delivered to his daughter a note for her share,which he also paid and he paid K.’s debts. It was further proved that K. said at the time “If I get well, everything is mine.” Held, (1) that the facts showed the creation of a voluntary parol trust which a court of equity would enforce; (2) that the trust was so far executed that there could be no revocation of it by K.; (3) that the transaction had no semblance of a testamentary disposition.</p>