The Providence news. (Providence [R.I.]) 1891-1906, 1903-11-27
DEMURRER
SUSTAINED
BY COURT
Appellate Court Renders It's
Decision In Case Of Alfred
k,y0s vs.. J. n. kstucs Of Al


Of the supreme court in the case of AL
fred .Keyes vs.. James II. Ketrick ct nj.
was handed down today. Judge Douglas
writes the opinion which sustains the re-
spondent's demurrers.
The bill OF complaint stated that the
complainant Is the minor son and sole
heir Of Annie X. Kcyes. who died Nov.
2s. 1901. intestate. leaving husband.
William d. Keyes and another child. who
has since deceased That Annie X.
Keyes being seized in fee simple OF GER
tain land situated I'm this county, on Nov.
IA. 1901. conveyed the same 10 Alice ket-
rick for the term OF her natural life,
with power TO mortgage or sell the same
IL necessary, for her maintenance and
support.
That on Dec 27. 1901. Alice Ketrlck.
attempted TO execute the power In tho
deed TO her and executed a conveyance
OF said land to her son. Jemas III. Ket-
rick. That this attempted execution OF
the power was void, because her neces-
stiles did not require u and because no
consideration was paid by said James.
That on Feb. To- 1902, said James con-
veyed said land 10 Dennis j. Holland
In trust to pay the next income to said
Alice Ketrick for her life. and after nor
death to reconvey the same TO said
James In fee.
That on February 1s 1902, Holland
bought of william II. Kcyes his life es-
tate In said land for $500 and procured the
money TO pay for II by executing mort
gage OF said land. Jointly with said Alice
Ketrick to the Pawtucket Institution for
Savings for $500. That on Oct. 3, 1902 Hol-
land individually and as trustee, Alice
Ketrick and James H. Ketrick, gave
aatI u,,A 70 nox 81 n
A. Tyrrell and the said Tyrrell gave a
mortgage thereof TO the Slater Trust COM
pany for the sum OF $500. That October 2.
1902 the mortgage TO the Pawtucket In
stitution for Savings was cancelled and
discharged. That Alice Ketrtck died intes-
tate Nov IL, 1902: that Holland died JAM
uary TO- 1903, leaving will by which
Katharine j. Holland, his wife, was ap-
pointed executrix and is given the residue
OF his estate. and leaving also one child
born March 10, 1902
Upon these facts the complainant
charges that the deeds from Alice Ketrick
10 James VI. Ketrick. from James n. Ket-
rick 10 Holland, from Holland. Alice ket-
rick and James H. Ketrick to David A.
Tyrrell and the mortgage OF Tyrrell 10 the
Slater Trust company. az clouds upon the
complainantc title, are wholly void and
ought TO be delivered up and cancelled,
and he prays that the deeds aforesaid
may he cancelled and the mortgage dis
charged
The complainant further prayed that
Katherine j. Holland and Dorothy J. Hol-
land may be decreed TO hold the portion
OF the land not conveyed 20 Tyrrelll, and
also the life estate OF William D. Keyes.
as trustees for the complainant and to
convey the same to him.
The grounds OF demurrer were that COM
plainant had an adequate remedy at law.
that the bill was multifarious In praying
that the life estate bought by Holland be
decreed to be held In trust for the COM
plainant and praying for reconveyance OF
the title derived through defendant; that
there should be an offer OF compensation
for outlays. that inasmuch as Alice ket-
rick had the right to convey the estate
which she had In the lands the deeds
should not be declared void except In so
far as they purport 10 convey greater
estate.
Judge Douglas reviews at length the
claim OF an adequate remedy at law and
he decides the demurrer on that point un-
tenable. He holds that under the statute
a tenant for life who makes a deed for
a larger estate conveys the life estate ana
the deed Is good to that extent and sum
ming UP his honor says:
THE complainant here still owns the
reversion unaffected by any unlawful
acts OF the life tenant and that is all he
ever had. We do not see how he can
adopt any OF the unlawful conveyances
as his own, as they were not made on
his account by persons who occupied
any relation OF trust or agency towards
him.
'Tf such an option existed the com
plainant IL an infant and could not exer-
else IT, He could not make a mortgage
neither can he ratifv one which he did
net make. The claim. therefore. Is void
upon Its face. As the bill is drawn the
two claims are not clearly distinguished
or their Inconsistencies would have been
apparent at once The bill is defective
for Espusnancy and the relief prayed for
is also excessive and contradictory. IT,
as we have seen, the complainant has no
interest in the estate on the life Of VIII
liam D. Keyes. he cannot complain of
any conveyance which the parties made
OF that estate but can only have the
deed mad mortgage declared void as pre-
tended conveyances OF and clouds upon
his reverson In fee