Britton v. Garlock
Britton v. Garlock
Opinion of the Court
delivered the opinion of the Court:
Plaintiff says that when he purchased the house “he became seised of the legal title as trustee for the common benefit of all three during the life of the mother, and,' upon her death, for distribution between himself and sister.” He further contends that the conveyance by him to his mother “merely transferred the legal title to the latter, subject to equitable obligations. The mother thus became the holder of the legal title, not only for the benefit of herself, but for the benefit of the son and daughter.” In the circumstances, undoubtedly a resulting trust arose in favor of the mother and sister when the plaintiff purchased the house. Smithsonian Institution v. Meech, 169 U. S. 398, 406, 42 L. ed. 793, 797, 18 Sup. Ct. Rep. 396. The conveyance to'the mother was in fee, with the usual or
The authorities are uniform that, in the absence of fraud, accident, or mistake, a deed which purports to be for the beneficial use of the grantee does not differ from any other deed in binding the grantor, and may be challenged only by those having superior equities, which the grantor had no right to cut off. Graves v. Graves, 29 N. H. 129; Jackson v. Cleveland, 15 Mich. 94, 90 Am. Dec. 266; Hogan v. Jacques, 19 N. J. Eq. 123, 97 Am. Dec. 644; Groff v. Rohrer, 35 Md. 327; Gove v. Learoyd, 140 Mass. 524, 5 N. E. 499; Gould v. Lynde, 114 Mass. 366. In the case last cited the court pointed out the distinction “between such a conveyance and a conveyance to a third party where another furnishes the money to whom a trust results, he not being estopped by the recitals and covenants of the deed.”
Where the consideration is paid by the husband and the conveyance made to the wife (Smithsonian Institution v. Meech, 169 U. S. 407, 42 L. ed. 798, 18 Sup. Ct. Rep. 396), and where the consideration is paid by a child and the conveyance made to a parent (Groff v. Rohrer, 35 Md. 327, 336), there is a presumption that the conveyance is intended for the benefit of the grantee, and this presumption must be overcome by proof of the real intent of the parties. In the present case, the plaintiff — who, as son, was under a natural or moral obligation to his mother — voluntarily conveyed to her, by deed absolute in form, property in which he had equitable interests. He made no reservation as to either interest, but now seeks the aid of a
According’ to tbe averments of tbe bill, tbe income from tbe estate of tbe father was not even “sufficient for tbe support of plaintiff’s mother,” and it was for this reason plaintiff says that be made contributions toward sucb support. Tbe bill admits that, prior to tbe time when plaintiff conveyed tbe bouse to bis mother, be bad been repaid practically all he bad advanced Toward tbe purchase of tbe bouse. He was to be married, and realizing bis obligations to bis mother, it is not unnatural that be made no reservations in tbe deed. Certainly no resulting trust arose, and tbe Statute of Frauds precludes oral testimony as to an express trust. Tbe fact that subsequently tbe mother may have made a will devising this real estate to plaintiff and defendant, and later revoked it, is of no importance, since, as we have held, she was free to dispose of tbe property as she deemed best. It is not even alleged that there was any express declaration in this will as to any interest of tbe plaintiff in this property.
The decree is affirmed, with costs. Affirmed.
Reference
- Full Case Name
- BRITTON v. GARLOCK
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- Syllabus
- Resulting Trust; Realty; Payment op Purchase Price by Another. 1. Upon the purchase by one who is entitled, with his sister, under their father’s will, to the remainder after the termination of his mother’s life estate in all her deceased husband’s property, of real property with money furnished partly by him, partly by his mother, and partly by his father’s estate, and the conveyance of such property to him in fee, a resulting trust arises in favor of his mother and sister. 2. A voluntary and absolute conveyance of real property by a son to his mother releases and extinguishes his vested remainderman’s interest in one half of the purchase money under his father’s will, and his right to reimbursement for money advanced by him toward the purchase price, where he makes no reservation of such interest and right, since no resulting trust arises in his favor as grantor in the deed.