Dodge v. Knowles
| Decision Date | 13 April 1885 |
| Citation | 114 U.S. 430,29 L.Ed. 296,5 S.Ct. 1197 |
| Parties | DODGE and another v. KNOWLES. 1 |
| Court | U.S. Supreme Court |
J. H. Gordon, for appellants.
No appearance for appellee.
This is an appeal by the children and heirs at law of Frances I. Dodge, a married woman, deceased, from a decree ordering her real estate to be sold for the payment of debts alleged to have been due from her to the appellee, upon a bill filed by him, in behalf of himself and other creditors who might come in, against the husband in his own right and as trustee and executor of the wife, and against her children and various other persons interested in the real estate.
The following facts were undisputed:
By an antenuptial settlement, executed on January 22, 1852, Mrs. Dodge (then Frances I. Chapman) conveyed all her real estate to Mr. Dodge, in trust, to hold the same for her sole and separate use and benefit during her life, and so that the same, and the rents and profits thereof, should not be liable for his debts, 'or in any way subject to his control or contracts, except so far as is consistent with the provisions of this contract;' and to permit her, by herself or her attorney appointed by writing under her hand, to collect and receive the rents and profits from time to time accruing, and to dispose of the same as she might see fit, for her own separate use and benefit; and if she should, by writing under her own hand and seal, and attested by two witnesses, direct the leasing or the absolute sale of the real estate or any part thereof, then the trustee should lease or sell and convey the same accordingly, and collect the proceeds of any sale, and invest them in his name as her trustee, in such a manner as she might approve and require, 'and hold the said investments, when made, for the same uses, trusts, and purposes, and with the like power and authority, and subject to the like limitations, as are hereinbefore declared of and concerning the original trust subject;' and it was provided that the wife, notwithstanding her coverture, might by will devise and dispose of the estate, or any part thereof, as she might see fit, and the trustee should hold and dispose of the same accordingly; and further provisions were made for the disposition of the estate in case she should make no will.
On January 25, 1876, the wife died, leaving three children, and a will, by which, by virtue of the power of appointment reserved to her in the marriage settlement, she devised all her real estate to her husband in trust for the use and benefit of two of her children, and appointed him executor, and made no provision for the payment of debts.
The plaintiff was a retail grocer, and at different times from 1870 to 1875 delivered groceries at the dwelling-house where the husband and wife and their children resided together, and received from the husband, in payment therefor, or in renewal of other similar notes, promissory notes signed by him in this form, 'F. DODGE, Trustee for Fannie I. Dodge,' payable to the plaintiff or order. At the time of the wife's death, the plaintiff held four such notes, payable at various periods not more than four months after date, for sums amounting in all to $2,171.61, and interest, and had delivered groceries to the amount of $120.10, for which no note had been given. The personal property left by Mrs. Douge was exhausted by a distribution made by her executor among her creditors, under a decree of the probate court, by which the plaintiff received a dividend o $117 upon his claim.
It was further alleged in the bill, and denied in the answer of the children, that at the time of the giving of the four notes, and for several years before, Mrs. Dodge was indebted to the plaintiff in a large sum of money for groceries furnished to her, on the credit of her sole and separate estate, for the maintenance of herself and her children and her husband, he being insolvent and entirely without property; and that she caused him for her to make and deliver the notes to the plaintiff; 'all which said indebtedness said Frances I. Dodge declared was chargeable to her sole and separate estate, upon the faith of which it was incurred, it having been represented to the plaintiff that her intention to fully secure the same by a proper conveyance in trust had been from time to time before her death prevented by her physical condition;' and that at the time of her death there was also due to plaintiff the sum of $120.10 on open account for groceries furnished as aforesaid.
The material parts of the testimony introduced by the plaintiff were as follows:
The plaintiff testified: ...
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