Waterman v. Higgins

Citations

• 28 Fla. 660

Syllabus

<p>1. By the stringent rule of the common law a conveyance from a husband directiy to the wife without the intervention of a trustee is void, but courts of equity refuse to follow, in all cases, this common law rule. In equity the object to be accomplished and the considerations upon which such conveyances are made will be considered, and if found good and meritorious, and free from imposition and fraud, will be sustained.</p> <p>2. W. conveyed certain property by deed without the intervention of a trustee to his wife by a second marriage for life, remainder to his minor son by such marriage, upon consideration of natural love and affection and to provide a maintenance for them. At the time of the conveyance W. was advanced in age, and declared that his reason for making the conveyance was because he had given a due share of his property to his other children ; there being nothing in the record to show the value of the property in the conveyance, or to rebut the statement as to the gift to the other children : Held, In a contest between the children of the grantor by a former marriage and the widow and child by the second marriage, that the conveyance is good in equity and will be sustained.</p> <p>3. A conveyance to a wife for life and at the termination of the life estate to a child then in being as tenant in common with any other heir or heirs of the grantor and the tenant for life, and in default of any other such heirs, to the said child in fee, creates a vested remainder in such child.</p> <p>4. More mental weakness will not authorize a court of equity to set aside a deed,- if it does not amount to inability to comprehend tlie effect and nature of tlie transaction, and is unaccompanide by evidence of imposition or undue influence.</p> <p>i5. A decree of a Chancellor solely on questions of fact will not be disturbed unless tlie evidence clearly shows that it was erroneous.</p>