Jourdan v. Dean

Citations

• 175 Pa. 599
• 34 A. 958
• 1896 Pa. LEXIS 1294

Syllabus

<p>Trusts and trustees — Separate use trust — Married woman — Estoppel.</p> <p>A married woman may direct that the share of an estate left to her by1 a relative may be invested in real estate in trust for her sole and separate use.</p> <p>Trusts and trustees — Separate use trust — Estoppel.</p> <p>Where a married woman enjoying a separate use trust in lands joins with her husband in executing deeds for the lands, and after the death of her husband accepts payment of a portion of the purchase money, she is estopped from asserting title as against the grantees in the deeds from herself and husband, and such acceptance works a ratification and redelivery of the deed.</p> <p>The administrator of an estate bought a tract of land, taking title in his own name, with the share of A, a married woman, who was one of the distributees. Subsequently he executed a declaration that he held the land in trust for the sole and separate use of A, and that he would upon the request of A or her heirs convey the land to her or to her heirs, or to such other person or persons as she might direct. The declaration of trust was recorded and at the same time and place an acceptance of the trust, apparently as part of the same instrument, was recorded. The acceptance was acknowledged as if A were a single woman. ■ Subsequently the administrator executed a deed to A for the land “ in fee simple, to hold to her sole and separate use,” and she and her husband executed and delivered a fee simple deed for the land to B for a valid consideration, a portion of which was received by her after her husband’s death. Held, (1) that the papers created a valid sole and separate use trust for A; (2) that A and her husband had no power during the lifetime of the husband to convey the land in fee simple; (3) that by the acceptance of purchase money after her husband’s death she was estopped from asserting her title against IS.</p>