11 Colo. App. 515 | Colo. Ct. App. | 1898
delivered the opinion of the court.
This was a suit in equity of the same character as Mary
It is also urged that the decree in this case is not supported by the evidence. We might decline to consider this, relying upon the doctrine frequently announced by this court that the findings of the trial court as to questions of fact will not be disturbed on review, unless they appear to be manifestly against the weight of the evidence. It is contended, however, that in this instance there was no testimony to support .the decree, and we have therefore carefully examined all of the evidence as preserved in the bill of exceptions, not relying upon the abstract for this purpose. After this examination, we are convinced that the contention of counsel in this respect cannot be upheld. The rigid rule contended for on behalf of the defendant as to the character of proof necessary to establish the trust is not supported by the authorities, and cannot be sustained on p: 'nciple. It is true, the authorities all agree that the facts must be shown with clearness and certainty, but the certainty required is only such as is sufficient to satisfy the jury, or the court if a jury be waived, of the existence of the trust. It is provable in the same manner
The judgment will be affirmed.
Affirmed.