Harris v. Bratton

Citations

• 34 S.C. 259
• 13 S.E. 447

Syllabus

<p>1. Trusts in Personalty — Evidence.—A trust in personal property may be created without wilting and proved by parol testimony, but it devolves upon the party claiming it to show by clear and unequivocal evidence an explicit declaration of the trust, as well as its nature and terms. Mere loose and indefinite expressions are insufficient.</p> <p>2. Express Trusts — Parol Evidence — Lapse oe Time. — Lapse of time will not bar an express trust which has been established, but should be considered in determining the question whether a trust exists. Where the cestui que trust has made no claim to any trust for over twenty years after its alleged creation, and not until the grantor and trustee are both dead, and fails to show clearly the trust, or to prove any admissions by the trustee, no trust can be decreed to have been established.</p>