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Question
Rina handed her accountant, Tom, a cashier's check for $90,000 and said, in front of two employees, "Hold this for my nephew Ezra until he turns 25. You may use income for his college expenses." Tom deposited the check into a separate account titled "Tom, trustee for Ezra." Rina did not sign any writing about the $90,000.
At the same meeting, Rina also said, "I want you to hold my vacant lot for Ezra on the same terms." Rina gave Tom a copy of the lot's tax bill but never signed a deed or any other writing describing a trust of the lot. Rina died six months later. Her estate now disputes both alleged trusts. The state permits oral trusts of personal property if proved by clear and convincing evidence but requires a signed writing for a trust of land.
Did Rina create a valid trust of the $90,000 and a valid trust of the vacant lot? Explain.