Barker v. Koneman

Citations

• 13 Cal. 9

Syllabus

<p>A deed by a husband of his separate real estate to a Trustee, for the benefit of his wife, whether executed in compliance with an ante-nuptial contract, or by way of settlement upon his wife independent of any previous contract, the husband being at the time free from debts and liabilities, is valid.</p> <p>A nominal consideration stated and the operative words of transfer—grant, bargain, sell, and convey—do not change the character or object of the deed.</p> <p>Semble, that the husband, being free from debts and liabilities, may convey his separate property, as a gift, directly to his wife, without the intervention of a Trustee.</p> <p>The law allows, and even regards with favor, provisions made by the husband, when in solvent circumstances, for his wife and family, against the possible misfortunes of a future day, by setting apart a portion olhis property for their benefit.</p>