Freeman v. Eacho

Citations

• 79 Va. 43
• 1884 Va. LEXIS 57

Syllabus

<p>1. Equitable Jurisdiction and Relief—Powers—Married Women.—A ' defective execution of a power by a married woman will be aided by a court of equity, where the defect is not in substance but in form, and through inadvertence or mistake, in favor of one applying for relief upon a meritorious or upon a valuable consideration—the case being unlike an application to reform a married woman’s conveyance, or her acknowledgment thereof, where the statute must be conformed to strictly.</p> <p>2. Idem—Idem—Idem—Case at Bar.—Property was, in 1870, settled upon Mrs. E. for her separate use, with power by a- writing under her hand and seal, attested by two witnesses, to direct her trustee to sell or encumber it. Later, by writing with a scroll annexed, but not recognized as a seal in the body of the instrument, she directed her trustee to, and he did execute a trust deed to secure two notes held by H., a purchaser thereof for value.</p> <p>Held :</p> <p>It is a case of defective execution of a power which a court of equity will remedy.</p>