Christian & Gunn v. Keen
Supreme Court of Virginia
Appeal from decree of corporation court of town of Danville, entered September 6th, 1882, in an injunction suit, wherein Mary Y. Keen, widow of John T. Keen, deceased, was plaintiff, and Edward D. Christian and Thomas H. Gunn, partners in the name of Christian & Gunn, were defendants.
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Appeal from decree of corporation court of town of Danville, entered September 6th, 1882, in an injunction suit, wherein Mary Y. Keen, widow of John T. Keen, deceased, was plaintiff, and Edward D. Christian and Thomas H. Gunn, partners in the name of Christian & Gunn, were defendants. Mrs. Keen owned real estate in Danville, which had been conveyed to a trustee on the following terms: “For-the separate use of the said Mary Y. Keen, wife of John T. Keen, free from all debts of her husband; and if at any time she shall consider it to her interest to sell, or otherwise dispose of the said lot of…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
It. appears from the deed of settlement, a copy of which is exhibited with the bill, that the property was conveye.d “to be held in trust * * for the separate use ” of the wife, “ free from all debts heretofore contracted, or which may hereafter be contracted” by her husband. It is very clear that this languge, standing alone, would confer on the wife not only a separate estate, but the power of alienation; that is to say, it would empower her to dispose of the rents, issues and profits, in the same way as if she were a feme sole, and to dispose of…
2Cases cited14 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Smith v. United StatesSupreme Court of the United States · 1865
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- Penn v. WhiteheadSupreme Court of Virginia · 1867
- Bain & Bro. v. Buff's Adm'rSupreme Court of Virginia · 1882
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3Cited by9 opinions
- Jones v. DeggeSupreme Court of Virginia · 1888
- Taylor v. CussenSupreme Court of Virginia · 1893
- State Savings Bank v. BakerSupreme Court of Virginia · 1896
- Lyon v. ZimmerU.S. Circuit Court for the District of Eastern Virginia · 1887
- Price v. Planters National BankSupreme Court of Virginia · 1896
4 more not listed; retrieve them via the Exa API.