DiLUCIA v. CLEMENS


373 Pa.Super. 466 (1988)

541 A.2d 765

Anthony M. DiLUCIA, Appellant, v. Alvin H. CLEMENS, Appellee.

Supreme Court of Pennsylvania.

Filed May 9, 1988.


Attorney(s) appearing for the Case

David M. Jordan, Norristown, for appellant.

William J. Brennan, King of Prussia, for appellee.

Before CIRILLO, President Judge, and BROSKY and BECK, JJ.


BECK, Judge:

This case raises issues related to the creation of an express trust within a business context, the revocation of the trust by oral agreement, and the applicability of laches to the trust.

Appellant DiLucia brought an action in equity to enforce a written declaration of trust:

DECLARATION OF TRUST I, Alvin H. Clemens, hereby declare to hold IN TRUST Two Thousand (2,000) shares of Unicom, Inc.'s stock for the equitable owner,...

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