Stace v. Bumgardner

Citations

• 89 Va. 418
• 16 S.E. 252
• 1892 Va. LEXIS 115

Syllabus

<p>Marriage Settlement—Povjcr to execute trust, deed.—In view of marrying the grantee, a feme sole made a deed, conveying, in trust for her sole and separate use, certain land, said land not to be liable for his debts, and he to acquire no marital rights therein; she to occupy the premises and receive all the rents and profits as though she were a feme sole for the maintenance of herself and any children that might thereafter be born to her; she to take the property in fee if she survived him; he to sell any part at her request, her request to be evidenced by her uniting in the conveyance. After the marriage she joined in trust deeds on the land.</p> <p>Held :</p> <p>1. She was entitled to the whole profits of the trust subject during her life.</p> <p>2. Mention of the children was to indicate the motive of the settlement, and not to vest any present interest in them.</p> <p>3. The right of encumbering her separate estate was inherent.</p> <p>4. The said deeds of trust were valid to the extent of her life interest in the profits.</p>