The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1920-06-14
Judge Craig Refuses to ingraft Re.
suItins Trust Into Deed Made
in 1903 by John
O'NeiIL
WEST END PROPERTY
Case Dismissed and Decree Ordered
Quietino Title to Defendant
and Her Minor Chill
dren.

Judge Craig this morning refused
to ingraft resulting trust into the
deed made in 1908 by John O'Nefll to
his son Eugene O'Neill, and entered
an order quoting the title to the
property in controversy in Pauline
0Neill and her minor children.
There has been much litigation
over the West Keokuk property
known as the O'Neill grocery. Shortly
after the deed in question was made
John O'Neill attempted to have same
set aside, claiming that 1t was OBJ
tanned by fraud and misrepersenta-
tiop. Failing in this he brought an
other suit claiming that Eugene had
agreed to pay him four thousand dol
lars for the property and had failed
TO do so and asked money judgment
against his son. This case never
came to trial and was dismissed. Then
another suit was brought claiming
that the deed was in fact trust deed.
After partial trial this suit was dis
missed without prejudice, and the
suit disposed of was begun.
The court in his opinion says:
"In this case the daughters of John
ONe.1l, Mary T. ONeill and Marga-
ret Mccormick file their petition in
equity claiming that the deed dated
April %, 1908. by John O'Neill and
his wife to Eugene O'Nein, which
conveyed lot 6, block 81, Reid's adj
dition to the city of Keokuk, and GER
tain personal property was executed
in trust for the benefit of Jonn
O'Neill and his wife during their
life time, and then to descend to his
two daughters, the plaintiffs herein,
and that there was further condi-
ton that those members of their
family who remained at home and
single should be entitled to receive
and enjoy the privileges OF said home
and have their support therefrom.
These claims were denied by
the defendants. :"
Under the provisions of section
2918 Of the code of Iowa 1t is pro-
vided that declarations and creations
Of trusts or powers in relation to real
estate must be executed in the same
manner as deeds Of conveyance, but
this provision does not apply to
trusts resulting from operation or
construction Of law 1t has been uni
versally held that parol evidence to
establish an express trust is not ad.
missible. 1t is also held tina: an .ex-
press trust cannot be established by
'parol evidence, and such evidence, to
establish q resulting trust must be
clear and satisfactory
"Other cases use the language
I'clear, definite and without uncer-
tainty'-'clear and strong, clear,
certain and practically overwhelm.
ing - The plaintiffs in this case
rely in their argument almost wholly
Ion the case of Ratigan VS.. Ratigan,
ISL Iowa, $50, and claim that the
principle heretofore recognized has
been abrogated by the holding in the
,Ratigan case. I have carefully exam
lined this case"
The court then says that in the
Ratigan case there was a claim that
lin addition to the deed there was a
writing contemporaneously made by
which the property should be and re-
main the property Of the grantors IN
the deed, and that the trial court
evidently found that there was such
a written declaration of trust, bu,