Rixey's Adm'r v. Deitrick

Citations

• 85 Va. 42
• 6 S.E. 615
• 1888 Va. LEXIS 8

Syllabus

<p>1. Fraudulent Conveyances&emdash; Wife&emdash;Children.&emdash;Personal property was . bequeathed to a married woman and her children. Husband sold the property and used the proceeds. Afterwards he conveyed his land in trust for his wife and children.</p> <p>Held :</p> <p>The property was bequeathed to the wife and her children jointly. He became invested with her interest jure mariti, so that, as to her, his conveyance was voluntary. But as to the children, the conveyance was based on a valuable consideration, and must stand as a security to them.</p> <p>2. Idem&emdash;Suits to annul&emdash;Creditors' rights.&emdash;-In creditors’ suit to reach debtor’s property, conveyed by him in trust for his wife and children, where the deed is on valuable consideration quoad the children only, the lan^d should be decreed to be sold after the widow’s dower in it has been assigned, and the proceeds applied, first, to pay the children’s claims, and, secondly, to satisfy the debts.</p> <p>3. Idem&emdash;Principal and surety.&emdash;In such suit where the conveyance is as aforesaid, a creditor holding the grantor as surety on a note must apply thereto any available property of the principal, he being a party defendant, in relief of the land conveyed, so far as it can be done without too much delay.</p> <p>4. Idem&emdash;Post-nuptial settlements&emdash;Burden of proof .&emdash;-It is well settled that a post-nuptial settlement is presumed to be voluntary and void, and to be upheld when assailed by creditors, must be supported by proof independent of the answers of those claiming under the settlement.</p>