Silvers v. Howard

Citations

• 106 Kan. 762
• 190 P. 1
• 1920 Kan. LEXIS 648

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trusts — Absolute Deed — Parol Agreement to Reconvey — Express Trust Not Createdr A mother and son owned undivided interests in a tract of land. The son conveyed to his mother, to enable her to mortgage the land as security for borrowed money, by a deed absolute in terms, but accompanied by an oral agreement on the part of the mother to reconvey. The relations between mother and son were in fact confidential and fiduciary. After the son’s death, the mother sold the land as her own, and denied that his widow, his sole heir, had any interest in it. Held, the parol agreement was insufficient to create a trust, because of section 1 of the trust statute, which provides that no trust concerning lands, except such as may arise by implication of law, shall be created, unless in writing (Gen. Stat. 1915, § 11674).</p> <p>2. Same. In the absence of fraud, accident, or mistake, the grantor in a deed absolute in terms may not show a parol agreement of the grantee to hold the land in trust for the grantor, except in cases involving payment of purchase money by one person and title taken in another, under section 8 of the trust statute (Gen. Stat. 1915, § 11681).</p> <p>3. Same — Repudiation of Trust — No Fraud. Mere repudiation of the trust contemplated by an oral agreement, ineffectual for the purpose because of the trust statute, does not constitute fraud, either actual or constructive.</p> <p>4. Same — Fiduciary Relation of Grantor and Grantee in Deed. If a fiduciary relation exist between the grantor and grantee in a deed absolute, and the deed be induced by the relation for a trust purpose, breach of the confidence reposed may amount to constructive fraud, from which a trust may arise by implication of law.</p> <p>5. Same — Implication of Trust — Evidence. If such a conveyance he accompanied by an oral trust agreement, the agreement may be considered as one of the circumstances of the case. It may aid implication of a trust, but it is not