 | Law reports, digests, etc - 1891 - 1138 pages
...of the character required by the section of the statute of frauds which requires that trusts of laud shall be "manifested and proved by some writing signed by the party "to be charged with the trust. Complainant, in sustaining this burden, produces several writings, which,... | |
 | Law reports, digests, etc - 1902 - 1196 pages
...case of land the statute of frauds requires that all declarations and creations of trust or confidence shall be manifested and proved by some writing signed by the party, or by his last will in writing. The first point seems to be without substance, for the rea-' son that,... | |
 | Law reports, digests, etc - 1905 - 1168 pages
...resulting by implication of law (which this was not), all declarations and creations of trust in land shall be manifested and proved by some writing signed by the party enabled by law to declare it. Here there was no such declaration of trust. Not only so, but if I have... | |
 | Law reports, digests, etc - 1910 - 1390 pages
...contention that "an express trust as to land cannot be created by paroi." A trust of that character "shall be manifested and proved by some writing signed by the party who is, or shall be, by law, enabled to declare such trust." etc. Section 3416, Rev. St. 1899 (Ann. St. 1906,... | |
 | Law reports, digests, etc - 1905 - 1312 pages
...permissible to show it by parol evidence; but If the former, oui1 statute Imperatively requires it to be "manifested and proved by some writing signed by the party who Is or shall be enabled to declare such trusts, or by his last will, in writing, or elsethey shall be void."... | |
 | Law reports, digests, etc - 1900 - 1312 pages
...upon its provisions. The substance of the section Is that all declarations of trust In real estate shall be manifested and proved by some writing signed by the party creating it, and that all iirauts or assignments of any trusts shall likewise be In writing. The textbooks... | |
 | Joseph Henry Dart - Real property - 1888 - 1038 pages
...to the Court (y). Where land is held in trust, the declaration must, under the Statute of Frauds, " be manifested and proved by some writing, signed by...party who is by law enabled to declare such trust " (~) ; by which is meant the beneficial owner (a), not the trustee having the legal estate : and the... | |
 | District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - Law reports, digests, etc - 1888 - 650 pages
...land, and are, therefore, controlled by section 7 of the Statute of Frauds, and must "be manfested and proved by some writing signed by the party who is by law enabled to declare such trusts." 29 Carr. II, chap. 3, sec. 7 ; McElderry vs. Shipley, 2 Md., 25 ; Nelson vs. Henry, 2 Mackey,... | |
 | John Chipman Gray - Personal property - 1888 - 936 pages
...all declarations or creations of, trusts, or confidences of any lands, tenements, or hereditaments, shall be manifested, and proved by some writing signed by the party, who is by Inw enabled to declare such trust, or else by his last will in writing, or else the\- shall be utterly... | |
 | Electronic journals - 1888 - 428 pages
...Statute of Frauds all declarations or creations of trusts of any lands, tenements, or hereditaments shall be manifested and proved by some writing signed by the party declaring such trusts. Three views have been advanced as to the effect of the statute in requiring... | |
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All declarations or creations of trusts or confidences, of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trusts, or by his last will in writing, or else... 
