Seibel v. Rapp

Citations

• 85 Va. 28
• 6 S.E. 478
• 1888 Va. LEXIS 5

Syllabus

<p>1. Deeds—Support of mother and children—Construction—Partition—Case here.—Land was conveyed in trust to permit mother during her life to possess and enjoy it and its income for support of herself and her children. During her life the children brought suit to partition the land or to divide the proceeds.</p> <p>Held :</p> <p>During her life she was the sole owner of the property ; the children had no interest in it, and therefore it was not subject to partition.</p> <p>2. Idem—Execution and acknowledgment—Subsequent mutilation—Case here.—Deed of property in trust for wife is signed and acknowledged by both grantor and trustee ; after grantor’s decease it was found among his papers, or rather was produced by his wife, in a mutilated and canceled condition.</p> <p>Held :</p> <p>It was not in grantor’s power to revoke the deed after he had signed, sealed and acknowledged it in due form, and procured the trustee’s acceptance in the same way.</p>