28 Vt. 26 | Vt. | 1855
The opinion of the court was delivered by
The principal question in this case is, whether tfie plaintiff was bound to treat the estate, real and per-*
But if we give this deed precisely the same construction which we did that in Gorham v. Daniels, and regard the life estate as an exception from the conveyance, and remaining in the grantor, the result must be the same. For the deed is certainly a good agreement to convey the use for the benefit of the wife, after the death of the grantor, or a covenant to stand seized to the use of the grantor during his life, and, if his wife survives him, to her use during her life, and the remainder to A. P. Dodge, And in all states, where the statute of uses exists, this is held such a covenant, and to create such a use as the statute executes. Roe v. Tranmarr, Willes 682, 5, 6; 2 Wilson 75; 2 Smith’s Lead. Cas. 288, and notes Eng. and Am., where it fully appears that this is a trust of such a nature that, if not made operative under the statute of uses, equity will enforce it. See also the following cases, where such a contract is held as a good covenant to stand seized to uses, and operative under the statute of uses—Ray v. Pierce, 7 Mass. 381; Humphrey v. Humphrey, 1 Day 271; Jackson, ex, dem. v. Swart, 20 Johns. 85.
The contract will, without difficulty, give the legal title of the personal property, and the usufruct or increase to A. P. Dodge, and the use in trust for the wife of the grantor. And being a contract under seal, this is equivalent to a contract of sale executed, or the price paid, with an agreement to have it take effect presently, when nothing remains to be done to identify the property, which is always sufficient, to pass the title as between the parties. And even a gift by deed, for valuable consideration expressed, is operative without delivery of the property.
The conveyance to A. P. Dodge of all the grantor’s personal property will, we think, operate upon choses in action.
Judgment affirmed.