Freeman v. Eacho
Supreme Court of Virginia
Appeal from decree of the chancery court of the city of Richmond. By deed dated June 4th, 1870, a house and lot in the said city was settled on Mrs. Eacho for her separate use free from all liabilities of her husband. Power was given her by the settlement to direct her trustee to sell or encumber it. But the direction was required to be by a writing executed by her under her hand and seal, and attested by two witnesses.
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Appeal from decree of the chancery court of the city of Richmond. By deed dated June 4th, 1870, a house and lot in the said city was settled on Mrs. Eacho for her separate use free from all liabilities of her husband. Power was given her by the settlement to direct her trustee to sell or encumber it. But the direction was required to be by a writing executed by her under her hand and seal, and attested by two witnesses. Her husband made and endorsed two notes, which were held by Haxall, and which she desired and intended to secure, and therefore she directed her trustee to execute a trust…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court:
Two questions are presented for determination on this appeal. First. Whether a defective execution of a power by a married woman will be aided by a court of equity; and if so, then, second, whether this is a proper case for such belief.
It is laid down as a general rule, in respect to the execution of powers, that the forms required by the instrument creating the power must he strictly pursued; for the person who creates the power has the undoubted right to create what checks he pleases to impose, to guard against a tendency to abuse. 4 Kent’s…
2Cases cited5 opinions
- Davis v. BeazleySupreme Court of Virginia · 1881
- Shurtz v. JohnsonSupreme Court of Virginia · 1877
- McChesney v. Brown's heirsSupreme Court of Virginia · 1874
- Bain & Bro. v. Buff's Adm'rSupreme Court of Virginia · 1882
- Clegg v. LemessurierSupreme Court of Virginia · 1859
3Cited by12 opinions
- Hood v. HadenSupreme Court of Virginia · 1886
- Goldman v. MosesMassachusetts Supreme Judicial Court · 1934
- Wetzel v. JonesWest Virginia Supreme Court · 1914
- Gaskins v. FinksSupreme Court of Virginia · 1894
- Tabb v. TabbSupreme Court of Virginia · 1886
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