Powers v. Long

Citations

• 131 Va. 284
• 108 S.E. 664
• 1921 Va. LEXIS 23

Syllabus

<p>1. Trusts and Trustees—Parol Declaration of Trust—Evidence.— A parol declaration of trust must be unequivocal and explicit and established by clear and convincing testimony.</p> <p>2. Trusts and Trustees—Parol Declaration of Trust—Evidence— Case at ,Bar.—In a suit to establish a parol trust in land conveyed by a father to one of his sons, though a nuipber of witnesses were examined, there was no evidence of a declaration of trust having been made at the time of or prior to the conveyance, except that of the father, consisting of vague general statements contained in his deposition taken twenty years after the conveyance, and there was evidence from which it might be inferred that no declaration was made by the father creating any trust until after the deed was delivered to the son.</p> <p>Heidi: That the evidence was not sufficient to establish the trust.</p>