Colton v. Colton
127 U.S. 300 (1888)

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U.S. Supreme Court

Colton v. Colton, 127 U.S. 300 (1888)

Colton v. Colton

Nos. 228, 229

Argued April 13, 16, 1888

Decided April 30, 1888

127 U.S. 300

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF CALIFORNIA

Syllabus

The intention of a testator, as expressed in his will, is to prevail when not inconsistent with rules of law.

No technical language is necessary for the creation of a trust in a will, and no general rule can be formulated for determining whether a devise or bequest carries with it the whole beneficial interest, or whether it is to be construed as creating a trust.

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