Massey v. Yancey

Citations

• 90 Va. 626
• 19 S.E. 184
• 1894 Va. LEXIS 32

Syllabus

<p>1. Husband and Wife — Postnuptial settlements. — Such settlements presumed voluntary. Burden of proving valuable consideration on those claiming under them. As against his creditors .neither he nor she is competent to testify, nor are his verbal or written declarations admissible in support of the settlements. De Farges v. Byland, 87 Va., 404.</p> <p>2. Idem — Transfer of stock — Case at bar. — As against creditor of husband garnisheeing stock, his assignment to his wife endorsed upon the certificate, and reciting that it is for value received, held not a valid transfer thereof in a case where the evidence shows that he had subscribed for it, that it always stood in his name, and the company’s books evinced no transfer and no payment of the transfer fee; that payment of monthly dues was always by his checks; that recently before the garnishment he had presided at a meeting of the stockholders and mentioned no assignment or proxy ; that she had no separate estate and never laid claim to the stock before filing the interpleader.</p>