Assignments- Assignment of an Expectancy - Joseph and James were two of six children. A contract witnessed "that Joseph Snyder has sold to James Snyder one undivided sixth of the real estate owned by the mother, Susan Snyder; to secure said interest to James after her death, the mother unites in the conveyance of said interest The said Joseph warrants and defends the interest from all claims." The contract was signed by Joseph and by the mother. Held, Joseph had no estate which he could convey, and the contract, though made with the consent of the mother, was unenforceable either in law or in equity as against him. But the contract, though joined in by Joseph, who had no interest, was effective as a conveyance to James by the mother of a one-sixth interest of her estate in remainder. Joseph should be allowed to share equally with the others in the remaining five-sixths of the estate, after deducting the consideration money paid to him, which should be considered as an advancement." Snyder v. Snyder (Ky., 1921), 235 S. W. 743.
Michigan Law Review,
Recent Important Decisions,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol20/iss7/6
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