U.S. Supreme Court
Colton v. Colton, 127 U.S. 300 (1888)
Colton v. Colton
Nos. 228, 229
Argued April 13, 16, 1888
Decided April 30, 1888
127 U.S. 300
APPEAL FROM THE CIRCUIT COURT OF THE UNITED
STATES FOR THE DISTRICT OF CALIFORNIA
The intention of a testator, as expressed in his will, is to prevail when not inconsistent with rules of law.
No technical language is necessary for the creation of a trust in a will, and no general rule can be formulated for determining whether a devise or bequest carries with it the whole beneficial interest, or whether it is to be construed as creating a trust.