Watkins v. Dupuy

Citations

• 87 Va. 87
• 12 S.E. 294
• 1890 Va. LEXIS 95

Syllabus

<p>1. Trust Deed —Recitals—Evidence.—The recitals in a trust deed of the existence of the indebtedness by the grantor to the beneficiary is all sufficient to establish the indebtedness without other proof.</p> <p>2. Idem—Personal liability.—If the trust property be insufficient to pay the debt, in the absence of stipulation to the contrary, the beneficiary is a creditor of the grantor for the deficiency.</p> <p>3. Idem— Case at bar.—W. in his trust deed to secure to his wife’s heirs, at her death, money turned over to her as the price of the property of her first husband, wherein she had dower, expressly admitted his obligation “to return and pay over” the said amount to said heirs: held, the amount is a debt of W., and any deficiency in the proceeds of the trust property is payable out of his general estate in the hands of his legatees.</p>