Salt Lake Herald-Republican | 1916-09-20 | Page 12 | Love Covenant is Held Valid

LOVE COVENANT I I IS HELD VALID Utah Supreme Court Rules It Sound Business Custom in Transferring Property That an Instrument given sl by husband husband hus litis- band to transferring certain I properties In consideration of or love lovo and affection In consideration of lovo love and torn tom Is tho the effect of at a ruling ruling- b by tho the supreme court cout In which tho decision of at the district court is la reversed i and the of at Hattie case Coltharp versus verua William IL H. Coltharp Is remanded for retrial Two causes of or action were ero stated In the complaint filed tiled In district court i In tho the first cause Mrs Irs Coltharp sought to recover a certificate representing a avalue avalue value of at 1000 in a n. stated corporation The Tho second was to recover possession of oC sixty valued at nt William H. H Coltharp a n. brother of or plaintiffs plaintiff's husband assumed posse possession slon of the tho property Y and denied tho the widows widow's title while disclaiming title himself Tho The deed of conveyance given Ehen to plaintiff prior to her husbands husband's death and which th the tho court holds valid reads as follows I. I I the un undersigned Hugh W. W Colt- Colt It I harp of Vernal Vernl hereby give ghe sell grant and demise all of ot my personal and real property of at which I am possessed In ii present present to my wife wire Hattie Coltharp of or Vernal Vornal Utah Tho consideration of or ortho the tho above grant Is love lovo and affection I This Instrument may be construed as asI asa asa I a power of ot attorney Justice J. J FrIck who wrote tho the ion im held that manifest error was committed committed com corn b by the tho lower court and In his hlA summary stated that the tho Intent of ot tho the husband In the Instrument of or transfer was patent Tho clause referring to toj j power of attorney conferred did not weaken tho the Instrument tho the court held