WILLIAMS ESTATE

Wills — Property held by entireties — Attempted disposition.

1. A testator has no power to dispose of property held by him and his wife by the entireties. [569-70]

Trusts and trustees — Creation of trust — Personal property — Evidence — Parol — Burden of proof — Intention to create future trust.

2. A trust as to personalty may be created by parol. [570]

3. The burden is on the plaintiff to prove the creation of a parol trust in personalty by evidence which is clear, precise and indubitable. [570]

4. A declaration by an owner of property of his intention to create a trust of it in the future, or his promise to do so is insufficient to create a trust. [570]

Argued April 18, 1944.

PER CURIAM, May 22, 1944:

The decree is affirmed on the opinion of the court below. Appellant to pay the costs.