If the subject matter of a trust is an interest in land, the statute of frauds requires that the trust be in writing. Dove v. White, 211 Md. 228, 126 A.2d 835 (1956); Grimes v. Grimes, 184 Md. 59, 40 A.2d 58 (1944); Mushaw v. Mushaw, 183 Md. 511, 39 A.2d 465 (1944); O’Connor v. Estevez, 182 Md. 541, 35 A.2d 148 (1943).
The Court of Special Appeals in Juliano v. Juliano, 36 Md. App. 1, 372 A.2d 1084 (1977), held that the statute of frauds governed a trust where the subject matter of the trust is twofold: land itself and proceeds from the land’s sale. Some states view such a situation as two separate and severable trusts. In Maryland an express oral trust involving land is void and thus an alleged trust or promise involving the proceeds of the land’s sale is also void. Kidd v. Carson, 33 Md. 37 (1870).
The Statute of Frauds will not apply to constructive trusts or other trusts arising or resulting from the implication or construction of law. Md. Code, Real Property § 5-107.