83 Md. 536 | Md. | 1896
delivered the opinion of the Court.
The bill of complaint with which the proceedings in this case were begun is a creditor’s bill, and was filed by Martha A. Duttera against her step-mother and other defendants, most of whom are but nominal parties. It seeks to have vacated, annulled and set aside as fraudulent, and because procured by the undue inflnence of a yonng woman over an old man, a conveyance of a small parcel of real estate and sundry assignments of choses in action, which conveyance and assignments were all made by William Babylon, the father of the plaintiff, to Sarah Babylon, his second wife, and now his widow. The bill is founded on an alleged indebtedness claimed to have been due by the father in his lifetime to the daughter, and evidenced by a single bill purporting to have been executed by William Babylon, payable to the plaintiff, for twenty-six thousand and five hundred dollars. This single bill bears date the third day of March, eighteen hun
The daughter, suing by one of her sons as next friend, now seeks to have the conveyance and the transfers made to the second wife, in lieu of dower, as declared in the will, set aside, to the end that the single-bill for twenty-six thousand five hundred dollars may be paid out of the proceeds of their sale and collection; though thereby the widow who voluntarily parted with her potential dower-right in the farm given to one of the plaintiff’s sons and her potential dower-right in the house given to the plaintiff’s husband, in total ignorance of the existence of the alleged single-bill, would be stripped of every vestige of interest in William Babylon’s0 estate.
We do not deem it necessary to go into an examination of the facts which throw, to say the least, grave suspicion around the genuineness of the single-bill, because there are other grounds upon which the decree dismissing the bill and denying the relief sought by the plaintiff must be affirmed. The answer denies that this conveyance and these transfers to Sarah Babylon, which are now attacked and assailed were made under the dominion of an undue influence or with an intent to hinder or delay the creditors of William Babylon ; and it further denies that they operate to so hinder or delay such creditors. It also denies that the decedent was a debtor of the plaintiff. If, conceding that William Babylon made his mark to the single-bill, it nevertheless appears with sufficient clearness and certainty from the evidence, that there was no consideration to support the obligation, then, as is perfectly obvious, the single-bill does not establish a debt which constitutes the plaintiff a creditor of her father; and if she be not a creditor, she has not, apart from all other objections, a standing in a Court of Equity to impeach the transactions which, as creditor, and only as creditor, she seeks to nullify.
Whilst a husband cannot, by voluntary transfers and conveyances to his wife, lawfully strip himself of his property to the prejudice of his creditors, a wife to whom transfers are made in lieu of a potential light of dower, and who has relinquished her inchoate dower in other property on the faith of the validity of such transfers, cannot be treated as a mere volunteer entitled to no consideration at the hands of a Court of Equity. Her inchoate right of dower in lands is a substantial and valuable interest which will be protected and preserved to her, though it is not such a right as may be bargained and sold. Reiff v. Horst, 55 Md. 42. Nevertheless its release by the wife may constitute, even as against the husband’s creditors, a valuable consideration for a valid payment to her by him of such a sum as a Court of Equity may, in a given case, deem reasonable. Reiff v. Horst, supra. And as to personal property, though the husband may lawfully, as against his wife, dispose of it during his life, yet she is so far interested in it that he cannot part with it. to her detriment if the transaction be but colorable or be attended by circumstances indicative of fraud upon her rights. Hays v. Henry, 1 Md. Ch. Dec. 337 ; Feigley v. Feigley, 7 Md. 562 ; Sanborn v. Lang, 41 Md. 113; Rabbitt v. Gaither, 67 Md. 94. A widow to whom a bequest is made by her husband in lieu of dower does not take as a donee or volunteer, but as a meritorious purchaser and contractor. Durham v. Rhodes and wife, 23
Whether, regard being had to the rights of creditors, the amount thus given in lieu of dower was reasonable or not, is another question, and one which only a creditor can raise. As against the plaintiff if she were not a creditor, William Babylon had the undoubted right to give to his second wife in his lifetime or by his will after his decease, whatever he pleased that belonged to him. This being so, the underlying question in the case recurs: Was the plaintiff in fact a creditor of her father? There is no pretence apart from the evidence furnished by the single-bill that she was ; and the expressed consideration of the single-bill is disputed and assailed. The fact that the obligation is under seal interposes no objection that a Court of Equity cannot brush aside whenever it becomes necessary to investigate the validity and the good faith of any instrument which, in the exercise of its far-reaching jurisdiction, is properly brought before it. The form of an instrument can never preclude that Court from looking beneath the surface and inquiring into the real consideration, if any there be, for which it was given. This power confessedly existing, the inquiry becomes one largely of fact, and we now turn, for its solution, to the evidence contained in the record.
Amos Duttera, the husband of the plaintiff, who, as we have said, attested the execution of the single-bill, was called by the plaintiff as a witness to prove that William Babylon made his mark to the instrument. He testified at large as
As then, the appellee does not hold without a considera
Decree affirmed with costs above and below.