Carr v. Branch

Citations

• 85 Va. 597
• 8 S.E. 476
• 1889 Va. LEXIS 71

Syllabus

<p>1. Conversion of Realty into Personalty.&emdash;Where testator devises real estate to be sold and proceeds divided, the same is regarded in equity as personal property, though no sale has been effected. Harcum v. Hudnall, 14 Gratt. 369.</p> <p>2. County Courts&emdash;Infants&emdash;Mortgage, of Personalty.&emdash;Decree of county court rendered previous to July 1st, 1873, authorizing trustee holding infants’ personalty to execute a trust deed thereon to secure a loan effected in order to free it from liens, was within the jurisdiction of said court and valid.</p> <p>3. Trustees &emdash; Infant Beneficiaries&emdash;Election&emdash;Conversion.&emdash;Neither the trustee nor the infant c. q. Is, can elect to take land devised to be sold as land. And a conveyance thereof by the executors to a stranger who immediately conveys it to the trustee for the purpose of vesting the latter with the legal title, cannot operate as a conversion, or an election to take the property as land.</p> <p>4. Trust Deed&emdash;Subsequent Election.&emdash;A trust deed, valid when executed, cannot be affected by subsequent election; but such election must be made in subordination to the deed.</p> <p>5. Executors, &c.&emdash;Descriptio Persones.&emdash;An executor, trustee, or any person acting in autre droit, who covenants in his own name, and yet adds to his signature the word, “executor,” “agent,” “trustee,” etc., is personally liable, the addition being regarded as a mere description of the person, unless he was recognized as contracting in his representative capacity.</p> <p>6. Trust Deed&emdash;Bond&emdash;Variance&emdash;Case at Bar.&emdash;Trustee, who was also executor, and his co-executor executed the bond for said borrowed money, with the addition of the word “ executors ” to their signatures, while the trust deed to secure said bond was executed by them individually, and described said bond as having been executed by the trustee “as trustee,” and by his co-obligor individually;</p