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The conveyance of an estate without proper consideration of value.

Voluntary Conveyance


The conveyance of an estate without proper consideration of value.

Whenever a voluntary conveyance is made, a presumption of fraud arises under the statute of 27th Eliz., which presumption may be repelled by demonstrating that the transaction on which the conveyance was founded, virtually contained some conventional stipulations, some compromise of interests or reciprocity of benefits, that point out an object and motive beyond the indulgence of affection or claims of kindred, and not reconcilable with the supposition of intent to deceive.

However, unless so resisted, such a transfer, along with a subsequent sale agreement, is solid proof of statutory fraud. There is a difference between prior and subsequent creditors; such a transaction is unlawful as to the former but not the latter. And a transfer by a parent who, although in debt, is not in embarrassment, provides a suitable provision for a kid, and leaves property sufficient to cover his obligations, is not fraudulent in and of itself. By statute of 3 Henry VII, all deeds of gifts of goods and chattels in trust for the donor were declared void; and by statute of 13 Eliz., gifts of goods and chattels, as well as lands, made with intent to delay, hinder, and defraud creditors, were declared void as against the person to whom such frauds would be prejudicial.

The concepts of these acts, which were borrowed from civil law but may not have been significantly reenacted, are followed across the United States.

Transfers of Property Between Parties

In general, such conveyances are good between the parties. And once executed and delivered, it cannot be recalled; even if an unmarried man executes a voluntary trust deed for the benefit of future children, he cannot relieve himself from a provision in the conveyance to the trustee under which the income of the trust property is to be paid to him at the discretion of a third person.