94 Mo. 169 | Mo. | 1887
This is a suit in equity whereby the plaintiffs seek to have the defendant, in whom is vested the legal title to a lot in the city of Moberly, declared a trustee of such title for the benefit of the plaintiffs, and to divest him thereof, and have the same vested in plaintiffs. In May, 1883, the defendant, L. C. Brand, married Lulu M. Broughton, daughter of the plaintiffs, B. B. Broughton and his wife, Ann W. Broughton, and sister •of plaintiff, Mary C. Blackford. In the month of October following, tlm said Lulu died without children, leaving plaintiffs her only heirs-at-law. In August, 1883, her father, the plaintiff, B. B. Broughton, who lived with his family in Paris, Missouri, drew a check on the .bank at that jjlace for one thousand dollars, payable to
As is our duty in equity cases, we have carefully reviewed the evidence in this case, and while it is the invariable practice of this court in such cases to defer somewhat to the finding of fact of the chancellor, where there is a conflict of evidence, yet in this case we find it unnecessary to invoke this rule, for, excluding from our consideration that part of the plaintiff B. B. Broughton’s testimony in which he says: “I intended this money for my daughter and gave it to her,” which of all the-evidence was alone objected to, we think the conclusion reached by the circuit court is sustained by the weight-of the evidence.
This conclusion leaves for consideration the only question of law arising in the case. It is contended for the appellant that, although the money which he invested in the real estate in question may have been received by his wife during coverture as a gift from her' father, yet she having transferred the possession thereof to her husband, and he having invested it in said real estate, and taken a deed therefor in his own name with her knowledge and consent, she thereby made a gift of the money to her husband, it became his money, was so invested for his own use and benefit with her assent, and
But the married woman’s act in this state does one ■thing more than simply to create a separate estate in the wife in her personal property. It limits the disposition of that property to her husband by prescribing the manner in which such disposition can alone be made and evidenced. And while, by the provisions of the act, the husband may, with the assent of the wife, reduce her personal property to possession for his own use and benefit, yet he shall not be deemed to have done so; “but ■the same shall remain her separate property, unless by the terms of said assent, in writing, full authority shall 'have been given by the wife to the husband to sell, encumber, or otherwise dispose of, the same for his own use and benefit.” R. S., 1879, sec. 3296. This restrictive clause constitutes the only difference between this statutory separate estate and that cognizable by a court of equity. Blair v. Railroad, 89 Mo. 383. “To put an end to all investigations, the law plainly requires the assent of the wife to be in writing.” Rodgers v. Bank, 69 Mo. 561. “ The act was designed * * * to afford protection * * * against the effect of the husband’s reducing the property to possession, by providing that