Morey v. Sheltus
Supreme Court of Vermont
Trustee process. Philip Sheltus, still living, conveyed his farm and personal property thereon to the trustee, his son-in-law, who was living upon and carrying on the farm, “ reserving the occupancy of said granted premises, and the right of the control of the same, with the personal property thereon, during my natural life; to be governed as per a mortgage given me this day, of the same property, by the said Spear.”
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Trustee process. Philip Sheltus, still living, conveyed his farm and personal property thereon to the trustee, his son-in-law, who was living upon and carrying on the farm, “ reserving the occupancy of said granted premises, and the right of the control of the same, with the personal property thereon, during my natural life; to be governed as per a mortgage given me this day, of the same property, by the said Spear.” Said mortgage was conditioned for the support of the said Sheltus during life, and for the payment on demand after Ms decease, of $1000 to the principal defendant, his son, and…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
Philip Sheltus conveyed his property to the trustee, his daughter’s husband, who lived with him and carried on the homestead. At the same time, said Spear, the supposed trustee, executed a mortgage to, the said Philip, with conditions that "if he paid $1000 ” to the principal debtor, and certain specified sums to the other children of the said Philip, and “ furnish him with every necessary of life,” and “ at his decease give him respectable burial,” &c., then something not expressed was to occur. It will not be disputed that the parties…
2Cases cited1 opinion
- Fugure v. Mutual Society of St. JosephSupreme Court of Vermont · 1874
3Cited by1 opinion
- First Nat. Bank of Plattsburgh v. BrainerdUnited States Circuit Court · 1886