McDevitt v. Frantz

Citations

• 85 Va. 740
• 8 S.E. 642
• 1889 Va. LEXIS 87

Syllabus

<p>1. Resulting Trust.-—After the legal title has passed- to the grantee, a resulting trust cannot rise from a subsequent application of a third person’s funds to the improvement of the property, or to satisfy the unpaid purchase-money. It must arise at the time of the execution of the conveyance.</p> <p>2. Idem—Case at bar.—Husband and wife conveyed land in trust for himself for life, then to wife, remainder to their children living at her death, in fee. The land was sold at suit of his creditors, leaving a surplus. Wife, six months previous, had bought a tract as a home for the family, paid part and gave a trust deed for balance. Parents and children filed petition in the suit to have the surplus invested in discharging the trust deed, and the court so decreed. The tract had been conveyed to wife absolutely, and for more than twenty years husband and wife treated the land as their fee simple, selling parts and giving trust deeds on it, and, after his- death, she conveyed the whole to one of . her daughters ;</p> <p>Held :</p> <p>The children had only a lien on the land for the trust fund invested in it.</p> <p>3. Witnesses—Married women—■Competency.—The married daughters with husbands, directly interested in the suit brought to establish a trust in said tract after the mother’s decease, were not competent witnesses.</p>