Cribbs v. Walker

• Decision Date: 28 January 1905
• Parties: CRIBBS v. WALKER
• Court: Arkansas Supreme Court

85 S.W. 244

74 Ark. 104

CRIBBS v. WALKER

Supreme Court of Arkansas

January 28, 1905

Cross appeals from Pulaski Chancery Court, THOMAS B. MARTIN Chancellor.

Reversed.

William H. and Cullen C. Walker, grandsons of Cullen G. Cribbs deceased, brought suit against Katie G. Cribbs, in her own right and as trustee and administratrix of the estate of Cullen G. Cribbs and Lee F. Tirrill and Lina Davis, who, with plaintiffs, were the only heirs at law of Cullen G. Cribbs.

The complaint attacked the validity of a certain deed of trust which will be here set forth:

"This deed of trust made and executed by and between Cullen G Cribbs, party of the first part, and Katie G. Cribbs, his wife, party of the second part, on this, the 15th day of July, 1898, witnesseth, that for and in consideration of natural love and affection which he bears to his said wife and to his heirs apparent, the beneficiaries herein, and for the further consideration of five (5) dollars to be paid, the party of the first part has conveyed, and by these presents hereby conveys, upon the express conditions and trusts herein declared, to Katie G. Cribbs the following described property hereinafter set forth and described, to be held by her in trust for the use of the party of the first part, during his natural life, and to be conveyed, leased or mortgaged to any person or persons or corporation as the party of the first part may at any time direct said trustee to do. And after the death of the party of the first part, to be held in trust for her own use, during her natural life, and subject to the trusts aforesaid, and to be held in trust as follows, to-wit Lots seven (7) and eight (8), block thirty-one (31), City of Little Rock; lots five (5) and six (6), block one hundred and seventeen (117), City of Little Rock; the south half of lot seven (S. 1/2 7), block seventy-eight (78), City of Little Rock; and fractional lots four (4), five (5) and six (6), block seventy-eight (78), City of Little Rock, being the southwest corner of said block seventy-eight (78), and more particularly discribed as follows: beginning at the southwest corner of said block seventy-eight (78), thence east eighty-seven (87) feet, thence north one hundred and fifty (150) feet, thence west twenty (20) feet, thence south seventy-two (72) feet, thence west sixty-seven (67) feet, thence south seventy-eight (78) feet to beginning, hereby intending to convey all of that part of said lots now owned and held by me, whether correctly described or not. All of said property being situated in Pulaski County, Arkansas. And hereby convey all other real property which the party of the first part now owns, or may hereafter acquire in the State of Arkansas, to be held by the party of the second part in trust as aforesaid; and upon the further trusts that after the death of the parties of the first and second part hereto, to be conveyed to my heirs, who are the children of my deceased daughter, Manda Walker, and my daughters Lee F. Tirrill and Lina Davis, as follows, to-wit: To Lee F. Tirrill and to her children surviving her, at her death, the south half of lot seven (7), block seventy-eight (78), City of Little Rock, as aforesaid, lots five (5) and six (6), block one hundred and seventeen (117), City of Little Rock, as aforesaid, to be held by her during her natural life, to her sole and separate use, to the exclusion of her present or any future husband, who is to have no interest or curtesy therein, and she shall have no power to sell, mortgage or dispose of the same, and at her death said lands shall go to her children and their descendants per stirpes, if any such survive her. If she leaves no children or other descendants at her death surviving her, then the said property shall go to and be divided between Lina Davis or her heirs and the said children of my deceased daughter, Manda Walker, and their heirs, one-half to Lina or her heirs and one-half to the said children of my daughter Manda Walker. The said property to be held by the said Lina, as she is to hold that which is directed herein to be conveyed to her. And to be conveyed to Lina Davis lots seven (7) and eight (8), block thirty-one (31), and parts of lots four (4), five (5) and six (6), block seventy-eight (78), corner of Second and Louisiana streets, as above described, all in the City of Little Rock, Pulaski County, Arkansas, to be held by the said Lina Davis as her sole and separate property, for her sole and separate use, to the exclusion of her present or any future husband she may have, and he, the said husband, is to have no interest or curtesy in any of said lands. And she, the said Lina Davis, shall have no power to sell, mortgage or dispose of the said property. And at the death of said Lina the said property shall go to her children and descendants, if any she have surviving her. And if she leaves no children or their descendants surviving her at her death, said property shall be divided equally between Lee F. Tirrill, or her heirs, if she be deceased, and the said children of my deceased daughter, Manda Walker, or their heirs, one-half of said interest to said Lee F. Tirrill or her descendants, and one-half to W. H. Walker and Cullen C. Walker, children of my deceased daughter, Manda Walker, and the portion thereof which goes to the said Lee F. Tirrill is to be held by her, as she is to hold the property which is conveyed to her direct herein, and with the same limitations and restrictions. The balance of my real estate not herein specifically described is to be divided at the death of the survivor of the parties hereto into three parts of equal value, one portion to go to W. H. Walker and Cullen C. Walker, and one portion to Lee F. Tirrill, to be held by her with the same limitations and restrictions, and in the same manner as the property herein specifically directed to be conveyed to her, and one portion to be given to Lina Davis, subject to like restrictions and limitations, and in the same manner as the property described above and directed to be conveyed to her. The party of the second part, trustee herein, may at any time after my death make deeds of conveyance to the beneficiaries herein for the said property which is given to them herein, with the limitations and restrictions above set forth. And, should the said trustee die after the party of the first part, and before the executing of such conveyance, then, the purposes of this trust being answered, it shall be an executed trust, and the legal title to the property shall pass as declared in the trusts herein. But, should said party of the first part survive the party of the second part, then in writing he may appoint a new trustee to carry out the trusts herein declared, or he may in writing recall the trust herein declared and declare this deed null and void. In testimony whereof, I, C. G. Cribbs, have this day set my hand and seal to the above and foregoing. Done at Little Rock, Arkansas, the 15th day of July, 1898.

[Seal.]"C. G. CRIBBS."

The deed was duly acknowledged and recorded.

The complaint alleged that Cullen G. Cribbs died, intestate, on January 23, 1901, leaving Katie G. Cribbs, his widow, and the other defendants and plaintiffs his only heirs. That Cullen G. Cribbs died seized of a large quantity of lands. That the deed of trust from intestate to Katie G. Cribbs, above set out, was never executed or delivered, but was found among his papers at his death, and was intended as a will. That, after death of said C. G. Cribbs, defendant Katie G. Cribbs fraudulently took said deed from intestate's safe, and filed it for record. That, after executing said deed intestate remained in possession and control of the lands conveyed, selling and executing contracts of sale, and in the conveyances his wife joined and relinquished dower. That Katie G. Cribbs applied for orders of the probate court to carry out the executory sales made by intestate. That said deed was void because the limitations were contrary to the laws prohibiting perpetuities. That the conveyance was against public policy in attempting to convey all the lands said Cribbs might thereafter acquire, with no power of revocation unless he should survive Katie G. Cribbs. That said Cullen G. Cribbs acquired title to a part of lots 4, 5 and 6, block 78, City of Little Rock, described by metes and bounds, by deed of conveyance from Elizabeth Snipes, dated January 26, 1891. That prior to said conveyance to said Cribbs, to-wit: on March 3, 1888, said Elizabeth Snipes and W. H. Snipes, her husband, by a properly executed instrument, did lease and let said parcel of land to W. L. Reaves for the period of fifteen years from that date, at a rental of $ 20 per month, payable at the end of each and every month; it being stipulated in said lease that at the expiration thereof the value of the building and improvements on said land should be ascertained by appraisers, and be paid by the lessor to the lessee in cash; and in default thereof the lessee should have power to occupy said premises free of rent until the amount of such appraised value should be consumed in rental at the rate stipulated in said lease. That said lessee has placed valuable improvements on said lands, the value of which, when ascertained according to the stipulations of said lease, will constitute a lien on said land; but plaintiffs aver that said Cullen G. Cribbs did not by accepting said deed, or otherwise, assume or become personally liable for the payment thereof, and that no part of his estate is or should be subject to the payment of said amount when so ascertained, unless it be the lands embraced in said lease. That the claim for the value of the improvements on said parcel of land at the expiration of said lease, plaintiff fears, will be...