Guffin v. First National Bank

Citations

• 74 Ill. 259

Syllabus

<p>1. Parent and child—right of child to recover for services after majority. No principle is better settled than that a son or daughter, after becoming of age, in the absence of a contract, can recover nothing for services rendered thereafter as a member of the family; and whatever the father may choose to give in after years is nothing more than a mere gift. He is under no legal obligation to make any recompense.</p> <p>2. Fraudulent conveyance — of father to daughter to defraud creditors. Where a father transfers his property and notes to his daughter after incurring indebtedness, it is immaterial whether it is a voluntary settlement or founded on good consideration. In either case it will be void as to existing creditors.</p> <p>3. Where a father, in consideration of the past services of his daughter, who remained with him many years after becoming of age, and kept house for him, and of her mere verbal promise to support and take care of him the rest of his days, transferred to her all his notes amounting to six or seven thousand dollars, it was held that the transaction could be regarded in no other light than a voluntary settlement, and fraudulent in law as to existing creditors, and that if a secret trust was reserved in favor of the donor, it could be assailed by subsequent as well as by then existing creditors.</p> <p>4. And where the proof showed that the father, after such transfer, collected the interest and renewed notes as before, and really depended upon the property so transferred for his future support, and that the transfer was for his benefit to defraud creditors, it was held that the transaction was void, both as to existing and subsequent creditors.</p>