McLaurie v. Partlow

Citations

• 53 Ill. 340

Syllabus

<p>1. Married women—investment of their money through the agency of their husbands. Where a party purchased a lot of ground, which was conveyed to him, but was paid for with money received by his wife from her father, a part of it before the act of 1861, and the greater portion received after the passage of that act: Held, a conveyance of the lot by the husband and wife to a third person, in trust for the wife, no fraudulent intent appearing, would be sustained in favor of the wife, against a judgment creditor of the husband, who had notice of the conveyance in trust before any lien attached, even though the debt for which the judgment was rendered was created while the husband held the legal title.</p> <p>3. In such case, the wife would be protected in her interest, under the act of 1861, so far as concerned the investment of the money received after the passage of that act; and as to that received by her before that time, it would be protected, under such circumstances, upon principles of equity and justice. .</p> <p>3. Parent and child—of investments by the former for the latter. And where a party invests money belonging to his child, for the benefit of the latter, the investment will be protected, against creditors of the former who had notice, or were chargeable with notice, of the rights of the child.</p> <p>4. Trusts—of trusts in parol—subsequent declaration thereof in writing. Where land was conveyed by a deed, absolute in form, but designed to be held in trust, the grantee may declare the trust in a separate deed, or instrument in writing signed by him, or in an answer in chancery in a suit concerning the property, to which the trustee is a party.</p>