149 Ga. 371 | Ga. | 1919
The fact that the guardian may have said at various times that the land was the property of his children, or that he had bought the land for them, would not of itself impress the land with the character of a trust, unless it was such independently of this saying. If he had not purchased the land under such circumstances as rendered it trust property held for his children, his repeated declarations made while in possession that the land belonged to his children, or that he intended it for them, or that he held it in trust for them, would not be sufficient to transfer the title from himself and vest it in the children. Titles to land must be evidenced by writing, and such declarations could not create for his children an express trust in the land. All express trusts must be created or declared in writing. Civil Code, § 3733; Smith v. Williams, 89 Ga. 9 (15 S. E. 30, 32 Am. St. R. 67).
There is no merit in the other exceptions contained in the motion, not specifically referred to above.
Judgment reversed.