Witt v. Carroll

Citations

• 37 S.C. 388
• 16 S.E. 130
• 1892 S.C. LEXIS 33

Syllabus

<p>1. Resulting Trust.—A debtor made a deed of assignment for the benefit of those of his creditors who would release their claims, and the debtor’s wife afterwards made a deed of conveyance in trust for the benefit of the creditors provided for in her husband’s deed of assignment. The deed of assignment having been set aside and vacated, the objects and purposes of the trusts created by the wife’s deed failed, and, therefore, the trust resulted to her.</p> <p>2. Voluntary Deed—Estoppel.—-The wife’s deed being voluntary, she could impose terms, and the terms becoming impossible, the deed fails, and the principles of estoppel are not involved.</p>