VOLUNTARY CONVEYANCE. The transfer of an estate made without any ade- • quate consideration of value.
2. Whenever a voluntary conveyance is made, a presumption of fraud properly arises, upon the statute of 27 Eliz. c. 4, which pre sumption may be repelled by showing that the transaction on which the conveyance was founded virtually contained some conven tional stipulations, some compromise of inte• rests, or reciprocity of benefits, that point out an object and motive beyond the indul gence of affection or claims of kindred, and not reconcilable with the supposition of in tent 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, Conn. 223, 341 ; 1 Johns. Cas. N. Y. 161 ; 4 Johns. Ch. N. Y. 450 ; 3 Conn. 450 ; 4 id.1 ; 4 Johns. N. Y. 536 ; 15 id. 14 ; 2 Munf. Va. 363.
3. 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 Johns. Ch, N. Y. 481. And see 6 Ala,. N. s. 506 ; 9 id. 937 ; 10 Conn. 69 ; 1 Md. Ch. Dec. 507 ; 2 Gray, Mass. 447. And a conveyance by a father who, though in debt, is nut in embar rassed circumstances, who makes a reason able provision for a child, leaving property sufficient to pay his debts, is not per se fraudulent. 4 Wheat. 27 ; 6 Watts & S. Penn. 97 ; 4 Vt. 389 ; 6 N H. 67 ; 11 Leigh.
Va. 137 ; 5 Ohio, 121.
4. By the statute of 3 Henry VII. e. all deeds of gifts of goods and chattels in trust for the donor were declared void ; and by the statute of 13 Eliz. e. 5, gifts of good 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.
5. The principles of these statutes, though they may not have been substantially re macted, prevail throughout the United States. 3 Johns. N. Y. 481 ; 1 Halst. N. J. 450 ; 5 Cow. N. Y. 87 ; 8 Wheat. 229; 11 id. 199 ; 12 Serg. & R. Penn. 448 ; 1 Rawle, Penn. 231 ; 9 Mass. 390 ; 11 id. 421; 4 Me. 52 ; 2 Pick. Mass. 411 ; 4 M'Cord, So. C. 294 ; 1 Const. So. C. 180 ; 2 Nott & M'C. So. C. 334 ; Coxe, N. J. 56 ; Hare & Wall. Sel. Dec. 33 —69.
6. As between the parties, such convey ances are, in general, good. 2 Rand. Va. 384 ; 1 Johns. Ch. 329, 336 ; 1 Wash. C. C. 274. And when it has once been executed and delivered, it cannot be recalled, even where an unmarried man executes a volun tary trust-deed for the benefit of future chil dren ; nor can he relieve himself from a pro vision in the conveyance to the trustee, under which the income of tbe trust property is to be paid to him at the discretion of a third person. 2 Mylne & K. 496. See 2 Moll. Ch. 257.