Beecher v. Wilson, Burns & Co.

Citations

• 84 Va. 813
• 6 S.E. 209
• 1888 Va. LEXIS 149

Syllabus

<p>1. Post-Nuptial Settlements—Consideration—Agreement.—The fact that husband used wife’s money to pay on land conveyed to himself, is not sufficient to support a settlement upon her in the absence of a cotemporaneous agreement to that effect; and if the agreement be for the settlement of land on her, it must be in writing. Perry v. Ruby, 81 Va., 317.</p> <p>2. Idem—Case at bar.—Husband, heavily indebted, conveyed his land to his wife’s separate use, reciting the settlement to be in consideration of his indebtedness to her on account of her money used by him in paying for said land and otherwise. There was at the time of its use, no distinct agreement, written or parol, that said money should be applied to the deferred payments of said land, which was conveyed to himself, and afterwards treated as his own property, or that the use of said money should be regarded as a debt from him to her:</p> <p>Held :</p> <p>Such post-nuptial settlement must be annulled as fraudulent as to his creditors.</p> <p>3. Resulting Trusts.—A resulting trust must arise at the time of the execution of the conveyance. Payment of the purchase money at the time of the purchase is indispensable. A subsequent payment will not by relation attach a trust to the original purchase. Miller v. Blose 30 •Gratt., 744.</p> <p>4. Husband and Wipe—Use of wifés money—Presumption.—When wife’s money comes into husband’s hands, and is used in his business as his own, and to purchase property in his own name, and to hold, use, and trade it, and contract debts on faith of his recorded legal title, 'the presumption is that it is his own property, and she cannot after years have passed, claim it as hers. Humes v. Scruggs, 94 U. S., 22.</p>