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Wills, Trusts & Estates Keyed to Gallanis
Adams v. Adams
Citation:
88 U.S. (21 Wall.) 185 (1874)Facts
Adams, a government clerk, in Washington, executed, with his wife, a deed of the premises to one Appleton, as trustee for the wife. The deed conveyed the property for the sole and separate use of the wife for life, with power to lease and to take the rents for her own use; the trustee having power, on request of the wife, to sell and convey the premises in fee and pay the proceeds to her or as she might direct; and after her death, the trust being that the trustee should hold the property for the children of the marriage as tenants in common, and in default of issue living at the death of the wife, then for Adams, the husband, his heirs and assigns. The deed was signed by the grantors, and the husband acknowledged it before two justices “to be his act and deed.” The wife did the same. They signed it as attesting witnesses. Subsequent to this, the husband and wife were divorced by judicial decree. And subsequently, the husband being in possession of the deed, denied that any trust was ever created and executed, and Appleton, declined the wife’s request to assert the trust, or to act as trustee.
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11m 20s