Notes on the Constitutions, Statutes, Session Laws, Municipal Ordinances and Rules of Court Volume 1

Notes on the Constitutions, Statutes, Session Laws, Municipal Ordinances and Rules of Court Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ... to prevent the father from asserting his dower right in the property, does not prevent the enforcement of a resulting trust in the property. Brennaman v. Schell, 212-3561, 2, 5, 362, 363, 367. 72 N. E. 412. A trust will not result to one who pays a part only of the purchase money of land conveyed to another unless it be some definite amount. or some definite part of the whole consideration. Onasch v. Zinkel, 213-119. 72 N. E. 716. Constructive Trusts.--Where a mother, old and infirm, conveys the title of certain property to one of her sons to be held in trust for his brothers and sisters, the conveyance being without consideration and made because of the confidence reposed in the grantee, a court of equity will raise a trust, by construction, in favor of the brothers and sisters, though the agreement was verbal. One who takes title to property with notice of such a trust, will be regarded in equity as trustee and the property in his hands will be impressed with the same trust. Stahl v. Stahl, 214-131. 73 N. E. 319. will and has not qualified. A garnishment suit against an executor before the probate of the will and issue of tetters testamentary cannot be maintained. It is proper to set up the facts showing that the suit was premature, in the answer of the garnishee. Wheeler v. Chicago Title & Trust Co., 217-1281, 2, 4, 133, 135, 136. 75 N. E. 455. Where property is given in discharge of the interest of a debtor in the estate of a relative before administration, such payment will not defeat a garnishment suit. A garnishment suit is not defeated by an attempt to pay the interest of a debtor in a deceased relative's estate, unless some receipt or evidence of payment is filed in the probate clerk's oflicebefore the service of the...show more

Product details

  • Paperback | 34 pages
  • 189 x 246 x 2mm | 82g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236993608
  • 9781236993601