Henry S. Barnes

Publication Date


Document Type

Survey Article


The year's crop of litigation in the trusts field merely explained, extended, and applied familiar doctrines. No material departure from established principles was made. The cases will be discussed briefly.

An oral agreement between husband and wife that, upon the death of the husband, his widow should hold both his estate and her separate proerty for her life, and upon her death the combined estates should be distributed to the husband's children by a former marriage, did not create a trust. The trial court sustained a general demurrer to the petition which set out the agreement and alleged that the widow took possession of her husband's estate and held it until her death testate. The Supreme Court affirmed the judgment with the statement that the petition set out no cause of action. No reason for its conclusion was given. Morris v. Shumate.