Family Arrangement

An agreement made between a father and his son, or children, or between brothers, to dispose of property in a different manner to that which would otherwise take place. In these cases, frequently, the mere relation of the parties will give effect to bargains otherwise without adequate consideration. 1 Chitty, Pr. 67; 1 Turn. & R. 13; Boyd V. Robinson, 93 Tenn. 1, 23 S. W. 72; De Hatre v. De Hatre, 50 Mo. App. 1. Such an arrangement may be upheld, although there were no rights in dispute at the time of making it, and the court will not be disposed to scan with much nicety the quantum of the consideration; L. R. 2 Ch. 294. It is said that a family arrangement is not by Itself a valuable consideration; Brett, L. C. in Mod. Eq. 294. Wherever doubts and disputes have arisen with regard to the rights of different members of a family (especially when relating to legitimacy) and fair compromises have been entered into to preserve harmony, they have been sustained, though, perhaps, resting upon grounds which would not have been considered satisfactory if the transaction had occurred between mere strangers; 2 Dr. & War. 603. The Impossibility of estimating money considerations in family arrangements has led to their exemption from the rules which affect other arrangements; 7 Cl. & F. 280. In ordinary cases a father’s dealings with his child who has Just come of age are open to suspicion, and so are dealings with a reversioner, but if these are in the nature of a family arrangement, the court will regard them, not with suspicion, but with favor; 2 Giff. 232. It is not essential that the son should have Independent advice, nor will inquiry be made as to how far the father’s inscrutinized and perhaps expunged; 41 Ch. D. 200; and only the usual provisions should be Inserted. It seems that resettlements under a family Arrangetnent will justify the execution of a power under which the donee ^ retains some benefit, which would otherwise be a fraud on the power. See 1 Swans. 129. An agreement betwean the children of a testator that the shares of the children shall be considered as vesting at the death of the testator divested of the survivorship clau.se contajned in the will, will be upheld in equity; Ralston’s Estate, 172 Pa. 104, 33 Atl. 273. Evidence of circumstances to show a family arrangement at the execution of deeds is admissible, and a deed otherwise invalid would be good evidence if It formed a component part of such arrangement; Jourdan v. Jourdan, 9 S. & R. (Pa.) 268, 11 Am. Dec. 724. See Family Meeting.

A term denoting an agreement between a father and his children, or between the heirs of a deceased father, to dispose of property, or to partition it in a different manner than that which would resalt if the law alone directed it, or to divide up property without administration. In these cases, frequently, the mere relation of the parties will give effect to bargains otherwise without adequate consideration. 1 Chit. Pr. 67; 1 Turn. & R. 13

Defined under Family in Black's Law Dictionary.

A term denoting an agreement between a father and his children, or between the heirs of a deceased father, to dispose of property, or to partition jt in a different manner than that which would result if the law alone directed it, or todiyide up property without administration. In tliese cases, frequently, the mere relation of the parties will give elfect to bargains ' FAMILY BIBLE. A Bible containing a record of the births, marriages, and deaths of the members of a family.