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JONES V. CLIFTON, 101 U. S. 225 (1879)

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U.S. Supreme Court

Jones v. Clifton, 101 U.S. 225 (1879)

Jones v. Clifton

101 U.S. 225

Syllabus

1. Unless existing claims of creditors are thereby impaired, a voluntary settlement of property made by a husband upon his wife is not invalid.

2. The technical reasons of the common law arising from the unity of husband and wife, which would prevent his conveying the property directly to her for a valuable consideration, as upon a contract or purchase, have long since ceased to operate in the case of his voluntary transfer of it as a settlement upon her.

3. The intervention of trustees in order that the property may be held as her separate estate beyond his control or interference, though formerly held to be indispensable, is no longer required.

4. His reservation of a power of revocation or appointment to other uses does not impair the validity or efficiency of the conveyance in transferring the property to her to hold until such power shall be executed; nor does it tend to create an imputation upon his good faith and honesty in the transaction.

5. Such a power does not, in the event of his bankruptcy, pass to his assignee.

The facts are stated in the opinion of the Court.





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