Reports of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 51

Reports of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 51

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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. 1902 edition. Excerpt: ...I come now to the first case in Virginia bearing directly upon this trust in our hands, Garla1rd v. Garland, 37 Va. 758; 24 Am. St. Reports 682, where the will set apart property in the hands of an executor to be held in trust for the testator's brother and declaring that the profits are set apart under the superintendenee of the executor for the use of the brother, but that neither the estate nor the profits "shall be bound for his past debts or future debts or liabilities other than decent and comfortable support," with remainder over. The will we are now passing on seems to have been formulated, as regards this matter, upon this case of Garland v. Garland; for the present will sets "apart in trust in the hands of my executor for the benefit of my husband, H. G. Lazear (describing certain property); the profits of the said estate are set apart for the use of him, the said H. G-Lazear, under his superintendence. But neither the said real estate nor the profits thereof shall be bound for his past debts, or_ for future debts and liabilities other than respectable and comfort able support and decent burial." In the case of Ga/rland v. Garland, the provision was held_ valid, and that the devisee had no absolute property in the profits which he could assign or could be subjected to his debts. But that case did not stand long, for I see that the case of Hutchinson v. M awwell, decided January 30, 1902, 40 S. E. 655 overrules it. In the last case the trust deed provided that the property rights of the beneficiary could not be liable for his debts and it was held that the condition was repugnant to the estate conveyed, and that the interest of the beneficiary being an equitable trust estate vested in him, was more

Product details

  • Paperback | 268 pages
  • 189 x 246 x 14mm | 485g
  • United States
  • English
  • black & white illustrations
  • 1236861914
  • 9781236861917