78 N.J. Eq. 544 | N.J. | 1911
The opinion of the court was delivered by
The complainant’s bill charges that certain properties, the title to which stands in the name of his wife, the defendant, belong in equity to him because purchased with his money, and the title taken in defendant’s name with the agreement that it should be only in trust for the complainant. He prays a decree that the defendant make deeds so as to vest the title in fee in him. The
The complainant, a i laborer, and defendant, a servant, were married in 1885. They lived together until 1908, in New York and in Jersey City, and accumulated the property in question out of the earnings of both, and of their children. During most of the time the complainant worked in a factory, and the wife conducted a saloon under a license in the husband’s name. He rendered assistance in the saloon before going to work in the morning and after returning at night. His earnings in the factory seem to have been insufficient for the support of his family, and the savings which were invested in the properties were made possible by the profits of the saloon business and by hoarders and perhaps the labor of the minor children. It is immaterial from what particular source the savings came. The funds were mingled, and unless the wife’s claim can be sustained on some other ground, the savings cannot be called her individual property. The properties
This theory of a common hoard for the joint benefit among low wage earners finds support only in the opinion of the court of chancery in Fretz v. Roth, 68 N. J. Eq. (2 Robb.) 516. The decree in that case was reversed (70 N. J. Eq. (4 Robb.) 764), because we took a different view of the facts of the case other than those relating to the manner in which the funds were kept. We said nothing in our opinion with reference to the vice-chancellor’s theory, because it was unnecessary to say anything. We did not reverse his view, because we did not deal with it at all, and it is very unsafe to infer that because, we passed it in silence we therefore approved it. If we are to be held to approve every
The conclusion reached in the court of chancery in this case conflicts with the rule established by numerous cases in this court. In Cutler v. Tuttle, 19 N. J. Eq. (4 C. E. Gr.) 549, Mr. Justice Depue said: “There is no doubt that pajunent of part of the purchase-money will create a resulting trust to the extent of that payment, but the amounts paid by the different parties must be shown with certainty, and a resulting trust will not be held to arise upon payments made in common by one asserting his claim and the grantee in the deed, when the consideration is set forth in the deed as moving solely from the latter, unless satisfactory evidence is offered, exhibiting the portion which was really the property of each, and establishing the fact that the payment was made for some specific part or distinct interest in the estate.” In Midmer v. Midmer’s Executors, 26 N. J. Eq. (11 C. E. Gr.) 299 (at p. 304), Vice-Chancellor Van Fleet said: “Nothing short of certain, definite, reliable and convincing proof will justify the court in divesting one man of title to lands, evidenced by a regular deed, and putting it in another.” The rule was applied by Chancellor Nunyon in a case of great hardship where the effect was to leave $60,000 worth of property in the name of the wife, the money for which had been furnished by the husband, although they had been divorced for the adultery of the wife and she was permitted to enjoy the property with her paramour. Lister v. Lister, 35 N. J. Eq. (8 Stew.) 49, affirmed on Chancellor Runyon’s opinion, 37 N. J. Eq. (10 Stew.) 331. In Read v. Huff, 40 N. J. Eq. (13 Stew.) 229, where the heirs of the husband sought to establish a resulting trust in lands, the title to which was in the wife, we said (at p. 234): “It is also well settled that the proof which shall rebut the presumption of a gift in favor of a child or wife, shall be equally satisfactory and explicit with the-proof required to establish a resulting trust; the circumstances relied on must be convincing and leave no reasonable doubt as to the intention of the party.” The same rule was recognized in Duvale v. Duvale, 56 N. J. Eq. (11 Dick.) 375, although in that case the court held that the proof showed that the settlement upon the wife was not of the whole estate in the land but of a limited estate
The decree must be reversed in order that the bill may be dismissed. The defendant is entitled to costs both in this court and the court of chancery.