Smith v. Bradford

Citations

• 76 Va. 758
• 1882 Va. LEXIS 77

Syllabus

<p>1. Husband and Wife—Post-nuptial settlements.—It is settled law in Virginia that an insolvent husband may make a valid settlement on his wife of his uncollected share of an estate whereof, jure mariti, he is a distributee. Poindexter and Wife v. Jeffries et als., 15 Gratt. 363.</p> <p>2. Idem:—Idem.—The same facts which would induce the court to compel a settlement by the husband, or those claiming under him, or in his right, will uphold a settlement already made.</p> <p>3. Idem—Idem—Equitable setoffs—Competency of witnesses—Case at bar.— B and wife sell and convey her maiden land. Purchase bonds secured by trust deed thereon. At same time, B conveys his encumbered land to trustee for Mrs. B’s separate use, and in trust deed it is stipulated that trustee shall collect the bonds and disoharge the liens. 'B collected and misapplied the money. Later, when insolvent, B assigned to the trustee two other bonds and his interest, jure mariti, in the personal estate of his wife’s father, P, deceased, in lieu of the trust funds so misapplied. W, a brother of Mrs. B, was indebted to P’s estate. B was indebted to W. Mrs. B died, leaving children. In suit to settle the administration of P’s estate, W filed petition alleging that B owed him, and praying that what he owed B on account of his distributive share in P’s estate, might be set off by B’s indebtedness to him.</p> <p>Held:</p> <p>1. The bonds given for the maiden land of Mrs. B, and by the trust deed securing their payment, settled to her separate use and directed to be applied to discharge the liens on the land conveyed to her for her separate use, so far as needed for the purpose, are, to that extent, to be considered as her separate real estate, at her death descendible to her children as her heirs at law.</p> <p>2. The assignment by B, dated December 1st, 1869, in trust for Mrs. B, is valid, and the assigned property, so far as needed to discharge said liens, is to be considered as her separate real estate. But the