"We think this court has a duty ex mero motu to protect the welfare of its minor ward who is before 33 SC-2024-0684 the court."
How later courts described this case
- "We think this court has a duty ex mero motu to protect the welfare of its minor ward who is before 33 SC-2024-0684 the court."
Written by the judges who cited it.
The opinion
ON REHEARING.
PER CURIAM.
The trial judge heard the evidence ore tenus, and had a decided advantage over this court in evaluating the evidence. We are unwilling to say that such evaluation did not meet the test that such evidence must be clear and definite, leaving no room for reasonable doubt as to the existence of the trust. Dupont v. Jonet, 165 Wis. 554 , 162 N.W. 664 (1); Russell’s Ex’rs v. Passmore, 127 Va. 475 , 103 S.E. 652 (1); Pitts v. Weakley, 155 Mo. 109 , 55 S.W. 1055 .
Opinion extended. Application for rehearing overruled.
LIVINGSTON, C. J., and LAWSON, GOODWYN, and COLEMAN, JJ., concur.