Hellman v. McWilliams

Citations

• 70 Cal. 449
• 11 P. 659
• 1886 Cal. LEXIS 815

Syllabus

<p>Trust in Personal Property—Mat be Created by Parol. — An express trust iu personal property may be created without a written transfer.</p> <p>Id. —Reservation of Right bt Trustor. —A verbal transfer of money in. trust for the use and benefit of the children of the trustor, reserving to the latter the right to draw from the trust fund such sums as he might deem proper for his own use, is valid.</p> <p>Id.—Revocation bt Trustor.—After a trust has been created and accepted, the trustor has no power to revoke it without the consent of the beneficiaries, unless such power was reserved in the declaration of the trust.</p> <p>Evidence—Striking out—Motion for must be Specific.—Where testimony is admitted, some of which is relevant and competent, and intermingled with that which is improper, a motion to strike out should, be directed with such precision to the portion attached that no uncertainty may remain as to the testimony challenged; otherwise a refusal to-strikeout is not error.</p>