Massachusetts General Laws

Mass. Gen. Laws ch. 203, § 1 (2026)

Trusts in realty; necessity of writing

✓ current as of July 2026

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Section 1. No trust concerning land, except such as may arise or result by implication of law, shall be created or declared unless by a written instrument signed by the party creating or declaring the trust or by his attorney.

Notes of Decisions

Cited in 25 cases (1 in the last 5 years), 1923–2025 · leading case: Williams v. Com. Trust Co., 177 N.E. 538 (Mass. 1931).

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Williams v. Com. Trust Co., 177 N.E. 538 (Mass. 1931). · cites it 2× “259, § 1, or within G. L. c. 203, § 1, and that in neither situation was the contract in writing, as such agreements are required to be.”

Citizens Bank v. Coleman, 987 N.E.2d 1282 (Mass. App. Ct. 2013). “See G. L. c. 203, § 1 (“No trust concerning land, except such as may arise or result by implication of law, shall be created or declared unless by a written instrument signed by the party creating or declaring the trust or by his attorney” [emphasis supplied]); Hanrihan v.”

Quinn v. Quinn, 157 N.E. 641 (Mass. 1927). “The oral agreement between the parties cannot be enforced by reason of the statutes which require declarations of trust concerning land, G. L. c. 203, §1, and agreements touching the sale of land or any interest therein, G.”

Greene v. Mullarkey (In Re Mullarkey), 410 B.R. 338 (Bankr. D. Mass. 2009). “” Mass. Gen. Laws ch. 203, § 1 . “If one orally agrees to hold land in trust for another an express trust is created; .”

Hazleton v. Lewis, 166 N.E. 876 (Mass. 1929). “G. L. c. 203, § 1, provides: "No trust concerning land, except such as may arise or result by implication of law, shall be created or declared unless by a written instrument signed by the party creating or declaring the trust or by his attorney.”

Druker v. Druker, 167 N.E. 638 (Mass. 1929). “” See G. L. c. 203, § 1. See also G. L. c. 259, § 1; Chace v.”

Ciarlo v. Ciarlo, 139 N.E. 344 (Mass. 1923). “” G. L. c. 203, § 1. Keown v. Keown, supra.”

Ross v. Ross, 314 N.E.2d 888 (Mass. App. Ct. 1974). “G. L. c. 203, § 1. Chace v. Gardner, 228 Mass.”

Kemp v. Kemp, 142 N.E. 779 (Mass. 1924). “They are not shown to have procured the transfer, or to be guilty of any fraudulent conduct during the preliminary transactions. The conveyance was purely voluntary on the part of the plaintiff.”

Young v. Young, 146 N.E. 574 (Mass. 1925). “The contention of the plaintiff that the recital in the defendant’s will, wherein it w.”

Young v. Paquette, 167 N.E.2d 308 (Mass. 1960). “This oral trust may be enforced in these proceedings notwithstanding the statute of frauds (G. L. c. 203, § 1; c. 259, § 1) for that statute was not pleaded.”

Trovato v. Walsh, 295 N.E.2d 899 (Mass. 1973). “In the view we take of the case, we need deal only with the first argument. 1. The plaintiff first attacks the finding that Edith was the beneficial owner, relying in part on the statute *535 of frauds, G.”

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