Moore v. Ransdel

<p>Trusts. — Creation.—Evidence.—Husband and Wife. — It was agreed between a husband and wife that certain land owned by the wife should become the property of her brothers by will or deed. Some time before her death she executed a will disposing of her property, which she afterward destroyed, and, after a private conversation with her husband, stated that it was all settled, that she wanted her brothers to have five or six hundred dollars each, that she had left it entirely with her husband, who had promised to do right with her brpthers, and that she believed he would d'o so. Held, that no trust was created in the land in favor of the brothers, pp. 659, 660. Same. — Husband and Wife. — Contracts.—Consideration.—Ahusband - and wife agreed that certain land owned by the wife should become the property of her brothers; but the proposed trust in favor of the brothers was never created. After the death of the wife, the husband, who was her sole héir, called the brothers together for the purpose of executing to them a deed to the land, but it was agreed in writing that the husband should continue to hold the land and sell it and divide the proceeds among the brothers. Held, that since no trust was created in the land in favor of the brothers, the agreement was, in effect, to hold his own land in trust for them, and, the agreement being without consideration, it was unenforceable. pp. 660, 661.</p> <p>Appeal and Error. — Reversal of Judgment on Insufficiency of Findings.— Pleadings.- — Where a judgment was reversed because the findings did not sustain the complaint, it is immaterial what answers, beyond the general denial, were filed, p. 661.</p>