38-10-118. Grant or assignment of trust.

Statute text

Every grant or assignment of any existing trust in lands, goods, or things in action, unless the same is in writing and subscribed by the party making the same or by his agent lawfully authorized, shall be void.

History

Source: R.S. p. 340, 18. G.L. 1268. G.S. 1527. R.S. 08: 2672. C.L. 5117. CSA: C. 71, 18. CRS 53: 59-1-18. C.R.S. 1963: 59-1-18.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "One Year Review of Contracts", see 38 Dicta 161 (1961). For article, "An Aspect of Estate Planning in Colorado: The Revocable Inter Vivos Trust", see 43 Den. L.J. 296 (1966).

An express trust was created by implication in fact, rather than theory of implied trust, in case where loyal minority members of local church sought to recover possession of church's property from seceding majority members. Bishop and Diocese of Colo. v. Mote, 716 P.2d 85 (Colo. 1986), cert. denied, 479 U.S. 826, 107 S. Ct. 102, 93 L. Ed. 2d 52 (1986).

Applied in Hall v. Linn, 8 Colo. 264, 5 P. 641 (1885); Henderson v. Greeley Nat'l Bank, 111 Colo. 365, 142 P.2d 480 (1943).