Boone v. Davis
Boone v. Davis
Opinion of the Court
delivered the opinion of the court.
The deed of Thomas J. Wells vested the fee-simple title of the land conveyed in the trustee named and his successors in the trust, and the estate of the beneficiaries named in the deed was coextensive with the title of the trustee. On the death of each beneficiary his or her interest in the land not legally disposed of by him or her devolved by descent upon heirs. The deed of Wells placed the property conveyed forever beyond his reach, and at his death he had no interest in it descendible to his heirs. There was no reversionary interest in Wells and no resulting trust as to the property conveyed. If his deed be regarded as purely voluntary no trust resulted to him, but the legal estate was in the trustee and the whole beneficial interest in his wife and children.
Affirmed.
Reference
- Full Case Name
- T. A. Boone v. Joseph E. Davis
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- Deed oe Tbtjst. Conveyance to trustee for grantor’s family. Interest of beneficiaries. Case in judgment. ' In 1854 W., under'a stress of circumstances which compelled him to leave the State, conveyed certain real property to S., trustee, and his successors in fee simple for the benefit of the grantor’s wife and children. It was provided in the deed that it should be binding till set aside by agreement between the parties or by a decree of court. No such agreement or decree was ever made. The deed contains no provision as to what should be done with the property after the death of the beneficiaries. The beneficiaries in the deed and also W. having died, the heirs of W. brought suit for the property against the grantee of one of the beneficiaries and the heirs of the.others. Held, that W. by his deed parted with his entire interest of every kind, and that the beneficiaries acquired an estate coextensive with the title of the trustee, whether the deed was voluntary or not.