Parr

Action against the defendant as administratrix with the will annexed of the estate of Willard A. Parr, deceased, to declare an oral trust in certain real and personal property. Plaintiff and Willard A. Parr were brothers. Their mother, Elizabeth Parr, died on or about May 3, 1916, leaving as her heirs at law the plaintiff, Virgil E. Parr, the deceased, Willard A. Parr, a third son, Enoch D. Parr, and a daughter, Emma A. Brady. She also left a last will and testament which was admitted to probate. By the terms of said will her entire estate was left to her two sons, Virgil and Enoch, and to her daughter, Emma A. Brady. Willard A. Parr took nothing under the will of his mother, and Virgil E. Parr was named as executor of said will. On June 12, 1917, pending the administration of said estate, by a deed absolute in form, Virgil E. Parr conveyed all of his interest in his mother’s estate to his brother, Willard A. Parr. Thereafter, by a decree of distribution the interest in said estate conveyed by Virgil to Willard was distributed to Willard. At that time the residue of the estate consisted of both real and personal property, and the plaintiff now seeks to have declared a trust in so…