Kinney v. McCall

Citations

• 57 Wash. 545
• 107 P. 385
• 1910 Wash. LEXIS 794

Syllabus

<p>Trusts — Express Trust — Parol Evidence. A deed absolute in form, but in trust for the grantors, is an express trust which cannot be proved by parol evidence.</p> <p>Trusts — Establishment—Evidence—Sufficiency. The evidence to establish a trust must be clear and satisfactory, and is insufficient where the only witnesses were one of the original grantors and the grantee, both aged and infirm and deficient in memory, and parts of their testimony tended to establish a trust in favor of the grantor and his wife while other parts tended to establish a trust in favor of the wife and children, made more than nineteen years ago, which trust they as participants had breached at that time.</p> <p>Vendor and Purchaser — Bona Fide Purchaser — Records—Notice —Secret Trust. The fact that recorded deeds in the chain of title to secret trustees recited only a nominal consideration, is not notice of the secret trust, and does not affect the rights of a tona fide purchaser for full value, where the deeds had been recorded and unquestioned for several years.</p>