See:
gift,
largess
VOLUNTARY CONVEYANCE, contracts. The transfer of an estate made without any
adequate consideration of value.
2. Whenever a voluntary conveyance is made, a presumption of fraud
properly arises upon the statute of 27th Eliz. cap. 4, which presumption may
be repelled by showing that the transaction on which the conveyance was
founded, virtually contained some conventional stipulations, some compromise
of interests or reciprocity of benefits, that point out an object and motive
beyond the indulgence of affection or claims of kindred, and not
reconcilable with the supposition of intent to deceive a purchaser. But
unless so repelled, such a conveyance coupled with a subsequent negotiation
for sale, is conclusive evidence of statutory fraud. 5 Day, 223, 341; 1
Johns. Cas. 161; 4 John. Ch. R. 450; 3 Conn. 450; 4 Conn. 1; 4 John. R. 536;
15 John. R. 14; 2 Munf. R. 363. A distinction has been made between previous
and subsequent creditors; such a conveyance is void as to the former but not
as to the latter. 8 Wheat. 229; 3 John. Ch. 481; and see 6 Alab. R. 506; 9
Alab. R. 937; 10 Conn. 69. And a conveyance by a father who, though in debt,
is not in embarrassed circumstances, who makes a reasonable provision for a
child, leaving property sufficient to pay his debts, is not per se,
fraudulent. 4 Wheat. 27; 6 Watts & S. 97; 4 Vern. 889; 6 N. H. Rep. 67; 11
Leigh, 137; 5 Ohio, 121.
3. By the statute of 3 Henry VII. c. 4, all deeds of gifts of goods and
chattels in trust for the donor were declared void; and by the statute of 13
Eliz. ch. 5, gifts of goods and chattels, as well as of lands, by writing or
otherwise, made with intent to delay, hinder and defraud creditors, were
rendered void as against the person to whom such frauds would be
prejudicial.
4. The principles of these statutes, which indeed have been copied from
the civil law, Dig. 42, 8, 5, 11; 2 Bell's Com. 182, though they may not
have been substantially reenacted, prevail throughout the United States. 8
Johns. Ch. R. 481; 1 Halst. R. 450; 5 Cowen, 87; 8 Wheat. R. 229; 11 Id.
199; 12 Serg. & Rawle, 448; 9 Mass. R. 390; 11 Id. 421; 4 Greenl. R. 52; 2
Pick. R. 411; 8 Com. Dig. App. h.t.; 22 Vin. Ab. 15; 1 Vern. 38, 101; Rob.
on Fr. Conv. 65, 478 Dane's Ab. Index, h.t.; 14 Ves. 344; 4 McCord, 294; 1
Rawle. 231; 1 Rep, Const. Ct. 180; 1 N. & McCord, 334; Coxe, 56; Hare &
Wall. Sel. Dee. 33-69. Vide Contracts; Indebtedness; Settlement.
5. As between the parties such conveyances are, in general, good. 2
Rand. 384; 1 John. Chan. R. 329, 336; 1 Wash. 274 And when it has once been
executed and delivered, it cannot be recalled; even where an unmarried man
executes a voluntary trust deed for the benefit of future children, nor can
he relieve himself from a provision in the conveyance to the trustee, under
which the income of the trust property is to be paid to him at. the
discretion of a third person. 2 My. & Keen, 496. See 2 Moll. 257.