What is the test for establishing a trust of trust in a person?

California, United States of America


The following excerpt is from Estate of Collins, 149 Cal.Rptr. 65, 84 Cal.App.3d 928 (Cal. App. 1978):

Essential to the creation of such a trust is the matter of intent, and this is a question of fact for the trier of facts (Brucks v. Home Federal S. & L. Assn., supra, 36 Cal.2d 845, 850, 228 P.2d 545; Kosloskye v. Cis, supra, 70 Cal.App.2d 174, 180-181, 160 P.2d 565). The issue was resolved by the trial court's finding such intent was present.

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