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 Verm. 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.

Source: Bouviers Law Dictionary 1856 Edition