MIDDLETON, J.
The controlling question is whether the contract of February 3, 1925, created a trust. Did the defendants thereby become trustees of a continuing and subsisting trust?
It is appropriate to first consider the inherent characteristics of a trust.
In Restatement of the Law of Trusts, chapter I, page 6, the following is stated as the definition of trusts:
"A trust, as the term is used in the Restatement of this subject * * * is a...
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