Thomas v. Folwell
Decision Date | 31 December 1836 |
Citation | 30 Am.Dec. 230,2 Whart. 11 |
Parties | THOMAS v. FOLWELL and Another. |
Court | Pennsylvania Supreme Court |
CASE STATED.
It is the settled law of Pennsylvania, that a married women is to be deemed to possess no power in respect to her separate estate, but what is positively given, or reserved to her, by the instrument creating such estate.
Where by a deed made after marriage, real estate was conveyed in trust for the separate use of A., the wife of the grantor the trustee to receive the rents and profits, and pay the same over to A. or to such person, and in such manner as she should appoint; it was held, that she had no power to devise the estate by an instrument in nature of a will.
AN action was brought in this Court to December term, 1835, by Agnes Thomas, guardian of the person and estate of Mary Ann Allen, against William Folwell, jun., and Samuel N. Davis executors of the will of Richard F. Allen, deceased; and a case was stated for the opinion of the Court as follows:
The deed was duly witnessed, and was acknowledged the fourth day of September, A.D. 1829, and recorded in the office for recording deeds for the city and county of Philadelphia, the 7th day of September, 1829.
Susan J. Allen on the third day of March, 1833, made a will in which after disposing of certain personal estate, she made the following devise:
‘ Item, In reference to a deed of trust executed to Anthony J. Thomas, by Richard F. Allen, my husband, and myself, dated the first day of June, in the year 1829, recorded in the office for recording of deeds for the city and county of Philadelphia, in Deed Book G. W. R. No. 134, page 129, & c., of a certain house and lot of ground in Front street, and a vacant lot of ground on Cherry street, in the same deed, as will more fully appear by said deed of trust; I hereby authorise, empower and request the said Anthony J. Thomas, trustee as aforesaid, to reconvey and transfer the said property at my demise, or as soon after as is convenient, to my husband R. F. Allen, or to any other person or persons he may direct, as fully and effectually as I could or might do.’
After making some further legacies and bequests, she concluded as follows: " Finally and lastly, I constitute my brother Anthony J. Thomas, executor of this my last will and testament.'
Anthony J. Thomas died while the testatrix yet survived, who then made the following alteration in her will in reference to the trust estate.
‘ Second, and as to all the property mentioned and contained in a certain deed executed by Richard F. Allen and myself to Anthony J. Thomas in trust for me, mentioned in my said will and testament, and recorded in Deed Book, G. W. R. No. 24 page 129, & c., I hereby give, devise and bequeath the same to my husband, Richard F. Allen, in fee, and my will and desire is, that the same shall and may be conveyed to him as soon after my decease as may be. And I hereby nominate and appoint William Folwell, jr., of the city of Philadelphia, trustee, in the place of Anthony J. Thomas, deceased, to convey the said property to the said Richard F....
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