Estate of Snook

The opinion in this case was destroyed in the great fire of 1906, hut the point decided being an important one, the syllabus above is now published, and the question is further elucidated in the following note:

CREATION OF TRUSTS IN LAND BY PAROL.

Classes and Kinds of Trusts in General.—By an express trust in land is meant one that is created by express agreement of the parties: Learned v. Tritch, 6 Colo. 433 ; Oberlender v. Butcher, 67 Neb. 410 , 93 N. W. 764 . In England, before the adoption of the statute of frauds in 1676, express trusts in land possessed the same force and validity when created by parol, or, in other words, orally, as when created in writing. By that act, however, in order that an express trust in land might be enforceable, it was made requisite that it be manifested in writing. Only trusts by implication of law and resulting trusts were excepted from this requirement. This statute, in connection with quite similar exceptions, has been adopted in most of ithe states of the Union, and in some of them the further requirement. has been added that express trusts in land must not only be manifested, but must also be created, in writing: See Learned v. Tritch, 6…