3 Mass. App. Ct. 751 | Mass. App. Ct. | 1975
There was no error in the interlocutory decree confirming the master’s report and the final decree. The plaintiffs have failed to establish (as was their burden, see American Employers’ Ins. Co. v. Webster, 322 Mass. 161, 165 [1947]) that Mary C. Morris (defendant) holds the real estate, or the proceeds of the sale of a part of the real estate, in trust for the children of Mary M. Morris (mother). Although the Statute of Frauds would not bar the establishment of an oral express trust directed to the proceeds of the sale of the real estate (Chace v. Gardner, 228 Mass. 533 [1917]), the master’s general finding (assuming, without deciding, that it is supported by the subsidiary findings) that the mother expressed to the defendant “her wish that the property would be used” in the manner contended for by the plaintiffs does not “unequivocally show an intention that the legal estate be
Interlocutory decree affirmed.
Final decree affirmed.