VOLUNTARY CONVEYANCE - The transfer of
an estate made without any adequate consideration of value.
Whenever a voluntary conveyance is made, a presumption
of fraud properly arises upon the statute of 27th Eliz.
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.. 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. 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.
By the statute of 3 Henry VII. all deeds of gifts of
goods and chattels in trust for the donor were declared
void; and by the statute of 13 Eliz. 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.
The principles of these statutes, which indeed have
been copied from the civil law though they may not have
been substantially reenacted, prevail throughout the
United States.
As between the parties such conveyances are, in general,
good. 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.
