Walke & Wife v. Moore

Citations

• 95 Va. 729
• 30 S.E. 374
• 1898 Va. LEXIS 43

Syllabus

<p>1. Conveyance to a Trustee for Woman and Her Children — Fee in Wife — Motive for Gift. — A deed which conveys to' a trustee real and personal property for the sole and separate use of a married woman and her children, with power tO' the trustee, upon the written request of the woman, to sell any or all of the property, and reinvest the proceeds, and reserving to the married woman the right to dispose of all the property “by instrument of writing in the nature of a last will and testament,” vests in the married woman an equitable estate in fee in the real estate, and an absolute estate in the personal property. The mention of the children merely expresses the motive for the gift to the mother.</p> <p>2. Settlement on Wife and Children — Power to Wife to Direct Sale and Re-Invest/ment — Effect of Wife Uniting With Trastee in Deed of Conveyance. — Under the powers conferred by a deed to a trustee for the sole and separate use of married woman and her children, with power to the trustee at any time when he shall be so requested in writing by the married woman (deeming it for the benefit of her and her children) to sell and re-invest the proceeds, a deed from the trustee to a purchaser of the land in which the married woman unites is a sufficient compliance with the provisions of the settlement which requires the trustee to convey on the request in writing of the married woman, and the necessary inference from the conveyance itself is that the trustee deemed the sale to be for the benefit of the married woman and her children.</p> <p>3. Powers — Execution of — Intent—How Shown — Case in Judgment. — The execution of a power is a matter of intention, but the intention need not be expressed in the conveyance, or other instrument made in execution of the power. It is sufficient if it appears by words, acts, ór deeds showing the intention. The intention is demonstrated where there has been some reference in the will, or other instrument, to the power; or a reference to the