Baldwin's Ex'x v. Baldwin

Citations

• 76 Va. 345
• 1882 Va. LEXIS 38

Syllabus

<p>1. Deed—Construction.—Father, on eve of second marriage, in 1867, conveys to eldest son, as trustee, real and personal property, to hold in trust for the equal benefit of his six children, by name; grantor reserves right to control of estate; to order sale or divide off any portion to the children as they come of age, but the fund in no instance to be diverted from the interest of the children. The estate to be held together until youngest child marries or becomes of age, unless he orders otherwise. Trustee required to render accounts annually and pay over to grantor net proceeds for the benefit of the children, reserving his own share„ Grantor reserves right to remove the trustee at any time and appoint another. In 1870 one of the children, F, who was seventeen years old when the deed was executed, and who then left home to gain his own living, became of age. He never received any share or benefit from the estate conveyed. Father died in 1876. On suit by F against the executrix to recover what his father liad received as his share during his minority—</p> <p>Held :</p> <p>1. The grantor divested himself of the estate conveyed, and created separate trusts in favor of each of the beneficiaries named in the deed.</p> <p>2. The reservations were all consistent with, and in aid and favor of the trusts.</p> <p>2. Evidence,—Exceptions taken to papers filed before commissioner, showing receipts by grantor from trustee, being exceptions, not to the competency of the evidence but to its sufficiency, those papers will be considered by this court as “proved.” Had the exceptions been to the competency of the witness to prove the handwriting, other witness than the trustee might have been called. Exceptions must always point specifically to the grounds of objection, so as to give notice to the opposing party. Sexton v. Crocket, 29 Gratt. 55.</p> <p>3. Quiere : The grantor being dead, but the trustee not being a party to-the suit, was trustee a competent witness to prove settl