Thomas v. Moody

Decided June 18, 1880

Court of Appeals of Kentucky · decided 1880-06-18

[Abstract Kentucky Law Reporter, Vol. 1 — 123.] Reservation in Deed to Wife and Children. Where in a deed from a husband and father to his wife and children the grantor reserves the power to sell, he conveys the title subject to such power.

Decided 1880-06-18

¶1Opinion by

Judge Gofer:

¶2The deed from Thomas to his wife and children was, in substance and effect, a mere declaration of trust, by which he vested them with the title, but constituted himself their trustee with power to sell if he should deem it to their interest.

¶3We think the validity of the power may be sustained on another ground. The same deed which gave the grantees all the title they had reserved to the grantor the power to sell, and they took the title subject to the power.

¶4It seems to us, in either view, the title of the appellees is good against the children of R. A. Thomas, and the judgment is affirmed.