TRUSTS - WHAT CONSTITUTES REVOCATION WHEN NO METHOD SPECIFIED

Authors

Dickson M. Saunders, University of Michigan Law SchoolFollow

Abstract

By trust deed of 1927, settlor conveyed two mortgages {the first for $5,200, and the second for $1,000, both given by Harry E. Hough and wife) to trustees, in trust for herself for life, and providing for certain disposition upon her death. The trust deed was revocable with reserved power in the settlor to convey, release or otherwise dispose of the property. In 1928 the settlor released both mortgages but took in lieu thereof one mortgage for $6,200 from the same mortgagors on the same property. This substitution was effected to accommodate the mortgagors and no money changed hands. The settlor died in 1929, and now, twelve years after her death, some disappointed heirs bring this action, via administrator, to foreclose the mortgage upon the basis that the trust was revoked by the exchange of mortgages. The trustee intervenes. Held, for the trustee, on the ground that the substitution of a single mortgage on the same property for two mortgages on the realty was not equivalent to revocation of the trust. Hoffa v. Hough, (Md. 1943) 30 A. {2d) 761.

Recommended Citation

Dickson M. Saunders, TRUSTS - WHAT CONSTITUTES REVOCATION WHEN NO METHOD SPECIFIED, 42 Mich. L. Rev. 179 (1943).
Available at: https://repository.law.umich.edu/mlr/vol42/iss1/18