Freeman v. Hartman

Citations

• 45 Ill. 57

Syllabus

<p>1. Trustee—must not abuse the confidence reposed in him. Where confidence is reasonably reposed, it must not be abused. And where a brother, standing to his sister in a relation of trust and confidence, purchased from her her interest in certain premises, for less than one-quarter their value, the transaction requires such an explanation as will purge it from all suspicion that any advantage was taken either to her injury, or to his own gain.</p> <p>2. Deed — voluntary conveyance by a woman on the eve of marriage—void —• as against the husband. It is a well settled principle, that a voluntary conveyanee hy a woman, on the eve of her marriage, of property which her intended husband knew her to own, made without his knowledge, is void, as against him, being in fraud of his marital rights.</p> <p>3. Same—when void—although a consideration is paid. And when a woman, three days before her marriage, and without the knowledge of her intended husband, conveyed her interest in certain premises to her brother who stood to her in loco parrentis, upon a consideration less than one-quarter of their real value, and such conveyance was obtained for the reason that it was expected that after marriage the husband would not consent to its being made, such conveyance will be set aside, as in fraud of the marital rights of the husband, the same as if it had been purely voluntary.</p> <p>4. Same—when inadequacy of price would not he a sufficient cause for setting it aside. But, had the conveyance been made to a person standing in no relation of trust and confidence to the grantor, in good faith and without reference to the contemplated marriage, the inadequacy of consideration would not be a sufficient cause for setting the deed aside.</p>