Search Result for "voluntary conveyance":

The Collaborative International Dictionary of English v.0.48:

Voluntary \Vol"un*ta*ry\, a. [L. voluntarius, fr. voluntas will, choice, from the root of velle to will, p. pr. volens; akin to E. will: cf. F. volontaire, Of. also voluntaire. See Will, v. t., and cf. Benevolent, Volition, Volunteer.] 1. Proceeding from the will; produced in or by an act of choice. [1913 Webster] That sin or guilt pertains exclusively to voluntary action is the true principle of orthodoxy. --N. W. Taylor. [1913 Webster] 2. Unconstrained by the interference of another; unimpelled by the influence of another; not prompted or persuaded by another; done of his or its own accord; spontaneous; acting of one's self, or of itself; free. [1913 Webster] Our voluntary service he requires. --Milton. [1913 Webster] She fell to lust a voluntary prey. --Pope. [1913 Webster] 3. Done by design or intention; intentional; purposed; intended; not accidental; as, if a man kills another by lopping a tree, it is not voluntary manslaughter. [1913 Webster] 4. (Physiol.) Of or pertaining to the will; subject to, or regulated by, the will; as, the voluntary motions of an animal, such as the movements of the leg or arm (in distinction from involuntary motions, such as the movements of the heart); the voluntary muscle fibers, which are the agents in voluntary motion. [1913 Webster] 5. Endowed with the power of willing; as, man is a voluntary agent. [1913 Webster] God did not work as a necessary, but a voluntary, agent, intending beforehand, and decreeing with himself, that which did outwardly proceed from him. --Hooker. [1913 Webster] 6. (Law) Free; without compulsion; according to the will, consent, or agreement, of a party; without consideration; gratuitous; without valuable consideration. [1913 Webster] 7. (Eccl.) Of or pertaining to voluntaryism; as, a voluntary church, in distinction from an established or state church. [1913 Webster] Voluntary affidavit or Voluntary oath (Law), an affidavit or oath made in an extrajudicial matter. Voluntary conveyance (Law), a conveyance without valuable consideration. Voluntary escape (Law), the escape of a prisoner by the express consent of the sheriff. Voluntary jurisdiction. (Eng. Eccl. Law) See Contentious jurisdiction, under Contentious. Voluntary waste. (Law) See Waste, n., 4. [1913 Webster] Syn: See Spontaneous. [1913 Webster]
Bouvier's Law Dictionary, Revised 6th Ed (1856):

VOLUNTARY CONVEYANCE, contracts. The transfer of an estate made without any adequate consideration of value. 2. Whenever a voluntary conveyance is made, a presumption of fraud properly arises upon the statute of 27th Eliz. cap. 4, which presumption may be repelled by showing that the transaction on which the conveyance was founded, virtually contained some conventional stipulations, some compromise of interests or reciprocity of benefits, that point out an object and motive beyond the indulgence of affection or claims of kindred, and not reconcilable with the supposition of intent 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, 223, 341; 1 Johns. Cas. 161; 4 John. Ch. R. 450; 3 Conn. 450; 4 Conn. 1; 4 John. R. 536; 15 John. R. 14; 2 Munf. R. 363. 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 John. Ch. 481; and see 6 Alab. R. 506; 9 Alab. R. 937; 10 Conn. 69. And a conveyance by a father who, though in debt, is not in embarrassed circumstances, who makes a reasonable provision for a child, leaving property sufficient to pay his debts, is not per se, fraudulent. 4 Wheat. 27; 6 Watts & S. 97; 4 Vern. 889; 6 N. H. Rep. 67; 11 Leigh, 137; 5 Ohio, 121. 3. By the statute of 3 Henry VII. c. 4, all deeds of gifts of goods and chattels in trust for the donor were declared void; and by the statute of 13 Eliz. ch. 5, gifts of goods 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. 4. The principles of these statutes, which indeed have been copied from the civil law, Dig. 42, 8, 5, 11; 2 Bell's Com. 182, though they may not have been substantially reenacted, prevail throughout the United States. 8 Johns. Ch. R. 481; 1 Halst. R. 450; 5 Cowen, 87; 8 Wheat. R. 229; 11 Id. 199; 12 Serg. & Rawle, 448; 9 Mass. R. 390; 11 Id. 421; 4 Greenl. R. 52; 2 Pick. R. 411; 8 Com. Dig. App. h.t.; 22 Vin. Ab. 15; 1 Vern. 38, 101; Rob. on Fr. Conv. 65, 478 Dane's Ab. Index, h.t.; 14 Ves. 344; 4 McCord, 294; 1 Rawle. 231; 1 Rep, Const. Ct. 180; 1 N. & McCord, 334; Coxe, 56; Hare & Wall. Sel. Dee. 33-69. Vide Contracts; Indebtedness; Settlement. 5. As between the parties such conveyances are, in general, good. 2 Rand. 384; 1 John. Chan. R. 329, 336; 1 Wash. 274 And when it has once been executed and delivered, it cannot be recalled; even where an unmarried man executes a voluntary trust deed for the benefit of future children, nor can he relieve himself from a provision in the conveyance to the trustee, under which the income of the trust property is to be paid to him at. the discretion of a third person. 2 My. & Keen, 496. See 2 Moll. 257.