3 Binn. 302 | Pa. | 1811
after stating the facts, delivered his opinion as follows:
The objection to the parol evidence is founded on our act for prevention of frauds and perjuries. This act is in some parts copied from the English statute of frauds and perjuries, but the likeness does not hold throughout. The first section of our act contains the first three sections of the English statute, and so far as concerns the present question, enacts, that no estates or interests, either of freehold, or term for years, of, or in, any messuages, lands &c., shall be assigned, granted, or surrendered unless by deed or note in. writing, signed by the parties so assigning, granting, or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law. This provision seems to apply rather to legal estates than to trusts, and it was so considered by the English legislature, for they have added a provision with respect to trusts in the 7th and 8th sections of their statute, which is entirely omitted in our act of assembly. By the 7th section of the statute, all declarations or creations of trusts, or confidences of any lands, shall be manifested and proved by some writing signed by the party who is intitled to create such trust by his last will in writing, or else they shall be void; but the 8th section declares, that where the trust arises by implication or
Judgment for defendant»