Bent v. Bent
Supreme Court of Vermont
Bill in oi-ianoery. The orator alleged in his bill that in 1860 he became the owner of a certain farm in Cavendish, of about the value of three thousand dollars, by virtue of the last will and testament of his father, David Bent, with some personal property thereon, and this was nearly all the property he then possessed; that he occupied and carried on said farm till about 1864, when, his health being very poor, he was unable to support his family from said farm, and after…
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Bill in oi-ianoery. The orator alleged in his bill that in 1860 he became the owner of a certain farm in Cavendish, of about the value of three thousand dollars, by virtue of the last will and testament of his father, David Bent, with some personal property thereon, and this was nearly all the property he then possessed; that he occupied and carried on said farm till about 1864, when, his health being very poor, he was unable to support his family from said farm, and after full consideration, with the advice and consent of the defendant, who was then his wife, he determined to sell the same,…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
No resulting trust in favor of the orator in the premises in controversy was created by his payment of the purchase money since the defendant was the wife of the orator at the time the conveyance was taken to her. Payment for premises by a husband, and a conveyance of the same to the wife, with no other facts shown, vests an absolute title to the premises in the wife. In such a case, the law, instead of presuming that the payment and conveyance was intended to be for the benefit of the husband, as it would if the conveyance had been taken to a…
2Cases cited2 opinions
- Child v. PearlSupreme Court of Vermont · 1870
- Albee v. ColeSupreme Court of Vermont · 1866
3Cited by18 opinions
- Davison v. DavisonSupreme Court of Kansas · 1928
- George v. Dutton's EstateSupreme Court of Vermont · 1920
- Edgerly v. EdgerlyMassachusetts Supreme Judicial Court · 1873
- Shanahan v. CramptonCalifornia Supreme Court · 1891
- Monahan v. MonahanSupreme Court of Vermont · 1904
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