Molera v. Cooper

173 Cal. 259 ·

Supreme Court of California · Filed

Published · citable

Holding

The court held that a mere promise by a debtor to her creditor to obtain money in the future and hold it in trust for a third party does not create a valid trust or effect a novation, as it lacks both a present property interest to serve as the trust res and the requisite consent of all parties necessary to extinguish the original obligation.

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