133 Mass. 140 | Mass. | 1882
A wife’s release of dower in her husband’s lands, given at his request and for his benefit, is a valuable consideration for a conveyance by him to her of property which is no more than a fair equivalent. Bullard v. Briggs, 7 Pick. 533, Sykes v. Chadwick, 18 Wall. 141. Garlick v. Strong, 3 Paige, 440. It is in this respect like a conveyance of her separate property for his benefit and at his request. In consideration of such a release, the husband in this case agreed to give her the specific shares in question, and more, and also a sum of money. It must be presumed, if the fact is important, that he was solvent at the time; and that, in releasing her dower and accepting his promise for specific reimbursement, she acted in good faith.
In equity, for many purposes, a husband and wife are regarded as distinct persons, and capable of contracting with each other; and it violates no principle of equity to hold the husband’s contract in this case valid and enforceable by her. 2 Kent Com. 164, 166, 174. Story Eq. Jur. §§ 1372,1373, 1377 a. Wallingsford v. Allen, 10 Pet. 583, 594. Arundell v. Phipps, 10 Ves. 139. The circumstance that no trustee was appointed does not destroy the contract. A husband may be a trustee for his wife, either under an express, or implied, or resulting trust. Turner v. Nye, 7 Allen, 176, 181. Hayward v. Cain, 110 Mass. 273. Walker v. Walker, 9 Wall. 743. The agreement was to convey to her all the shares of the corporation. A bill in equity will lie to enforce specific performance of such an agreement. Todd v. Taft, 7 Allen, 371. Duncuft v. Albrecht, 12 Sim. 189. Cheale v. Kenward, 3 DeG. & J. 27. From the time of making the agreement to give these shares to his wife, the husband held them as