Bank of the United States v. Ennis

Ohio Supreme Court

Bank of the United States v. Ennis

1 Wright 604, 1 Ohio Ch. 604

DecidedMay 15, 1834

StatusPublished

This text of 1 Wright 604 (Bank of the United States v. Ennis) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bank of the United States v. Ennis, 1 Wright 604, 1 Ohio Ch. 604 (Ohio 1834).

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Opinion

WRIGHT, J.

A post nuptial voluntary settlement, made by a debtor for his wife and children, is void as to previous creditors, but as to subsequent ones, is valid, the consideration being held good and valuable. But if a conveyance is made for that purpose with a fraudulent design, then it is void as to subsequent creditors also.

A trust created in land for the wife and her children, vests in the children at her death. A conveyance by the trustee of the trust property to their father, in trust for them, is not per se fraudulent, though he is in debt. Nor is such conveyance made in honest execution of a trust, to be avoided by proof that the father when he took the trust was indebted and insolvent. If the trust estate is valid at its inception, no act of the trustee can affect the intei’est of the cestui que trust.

The complainant then agreed that the bill be dismissed.

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WRIGHT, J.

A post nuptial voluntary settlement, made by a debtor for his wife and children, is void as to previous creditors, but as to subsequent ones, is valid, the consideration being held good and valuable. But if a conveyance is made for that purpose with a fraudulent design, then it is void as to subsequent creditors also.

A trust created in land for the wife and her children, vests in the children at her death. A conveyance by the trustee of the trust property to their father, in trust for them, is not per se fraudulent, though he is in debt. Nor is such conveyance made in honest execution of a trust, to be avoided by proof that the father when he took the trust was indebted and insolvent. If the trust estate is valid at its inception, no act of the trustee can affect the intei’est of the cestui que trust.

The complainant then agreed that the bill be dismissed.

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Bluebook (online)

1 Wright 604, 1 Ohio Ch. 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-the-united-states-v-ennis-ohio-1834.