Smith's Estate

1891

Court: PA Supreme court

Facts: There were some bonds. The deceased raised and maintained his nephew, and the bonds were known to have been set aside for him.

Posture: Appeal from the orphans' court, which found that the kid should get the bonds.

Issue: Is the existing expression of intent enough to create a trust?

Holding: Yes. Judgment affirmed.

Rule: Not much of one.

Reasoning: The court starts off saying that form is important, but then goes on to infer from the facts, regardless of the lack of a formal declaration, that the trust was established.

Dicta: