Page:United States Reports, Volume 1.djvu/438

Rh 1789.  be in truſt, on parol proof of the party's intention, the truſt was decreed. 2 Vern. 288. Hampton vs. Spencer; et e contra. And the ſame deciſion was pronounced, the caſe of an agreement, or truſt, being confeʃʃed by an anſwer, although ſuch truſt had only been declared by parol. Ibid. 294. Bellaʃis v. Campton. ''Prec. in Chen.'' 208. Croyʃon v. Banes. So, where a party is drawn in, by aʃʃurances and promiʃes, to execute a deed, to enter into a marriage, or to do any other act, and it is ſtipulated that the treaty or agreement ſhould be reduced into writing; although this ſhould not be done, the Court, if the agreement is executed in part, will give relief. A man treating for the loan of money on a mortgage, it was agreed that an abſolute deed ſhould be given by the mortgagor, and a deed of defeazance executed by the mortgagee; the abſolute deed being given, the mortgage refuſed to execute the defeazance, but the Court of Chancery interpoſed to inforce juſtice agreeably to the agreement of the parties. Prez in Chan. 103. 4. Skinn. 143. 9 Mod. 80. In another inſtance, where an abſolute conveyance is made for a certain ſum of money, and the perſon to whom it is made receives intereſt for the money, the receipt of the intereſt will be admitted to explain the nature of the conveyance. ''Prec. in Chan.'' 526. 1 Wils. 620. S. C. 2 Freem. 268. 285.

There are other authorities which bear a ſtrict analogy to the caſe before us. A copyholder, intending to give the greateſt part of his eſtate to his godſon, and the reſidue to his wife, was perſuaded by the latter to nominate her to the whole, declaring that ſhe would give the godſon the part deſigned for him: After her huſband's death ſhe refuſed to perform this promiſe, and pleaded the ſtatute of frauds and perjuries, but the decree was againſt her. Again; A father being about to make a will to provide for his younger children, is prevented by his ſon and heir apparent's promiſing that he would make the proviſion for his brothers and ſiſters: The ſon and heir afterwards refuſed to fulfill this engagement; but, on an application to the Chancellor, the decree was alſo againſt him. So, where the iſſue in tail perſuades the tenant in tail not to ſuffer a recovery, in order to provide for younger children, upon an aſſurance, that the tenant in tail would provide for them himſelf, which he afterwards refuſes, equity will compel him to do it. ''Prec. in Chan.'' 3. Deviniʃh v. Baines. 2 Freem. 34. ''Chamberlaine. v. Chamberlaine''.

A voluntary ſettlement is made by A. to B. who, afterwards, without any conſideration agrees to deliver it up: This agreement ſhall bind in equity; for a voluntary ſettlement may be ſurrendered voluntarily. ''Prec. in Chan.'' 69. Wenworth v. Deverginy.

The Statute and Act of Aſſembly were made to prevent frauds, as well as perjuries; they ſhould be conſtrued liberally, and beneficially expounded for the ſuppreſſion of cheats and wrongs. Thus, where there has been a fraud in gaining a conveyance from another, the grantee may be conſidered as a mere truſtee. Barnard in Can. 388. Lloyd v. Spillet. Rh