Stephenson v. McClintock

Citations

• 141 Ill. 604
• 31 N.E. 310

Syllabus

<p>1. Resulting trust—whether it arises. A resulting trust arises, if at all, the instant that the deed is taken out and the legal title vests in the grantee. No oral agreements, and no payments before or after the title is taken, mil create a resulting trust, unless the transaction is such, at the moment the title passes, that a trust must result from the transaction itself.</p> <p>2. If several pay the consideration and take the title to one of their number, a trust will result to them jointly. In such case it is essential, however, to the creation of the trust that it shall appear that the sums .severally contributed were for some distinct interest or aliquot part of the estate, as, one-half, one-quarter, etc.</p> <p>3. Same—evidence—verbal declarations as to contract in respect to an interest in land. Although the verbal declarations of a party are not competent evidence to prove a contract to give another an interest in land held by him, they are competent, in connection with other evidence, to prove that he purchased the land with money in part belonging to such other person, and the extent of that part.</p> <p>4. Where a person has purchased land taking the deed to himself absolutely, his acknowledgments and admissions are competent evidence to show whose money was used in making the payments for the land, for the purpose of showing a resulting trust in favor of the person a part of whose money was used.</p> <p>5. Same—presumption as to the character of the payment. Where a mother lets her son have a money draft, which he uses in the purchase of land, if she was the owner of the same in her own right, the presumption, in the absence of other evidence, will be, that the mother has sold or loaned the draft to the son. But when it is shown such draft is treated by all the family of the mother, and herself, as money belonging to the deceased father’s estate, the son so receiving and using the same will be treated as a'trustee for the other members of the family.<