Infants' marriage settlements.

Infants' gifts of money.

Mortgages by infants.

Effect of an infant's conveyance and its avoidance.

(o) Stat. 37 & 38 Vict. c. 62, s. 1; Thurstan v. Nottingham, etc. Bdg. Socy., 1902, 1 Ch. 1, 1903, A. C. 6.

(p) A conveyance of land induced by fraud, misrepresentation, duress or undue influence is not voidable in the same maninfant's conveyance, either of his lands or goods, is not rendered valid, like a conveyance induced by fraud (q), by the fact that it is made to a purchaser for value, taking in good faith and without notice of the infancy; but remains equally voidable in these circumstances at the infant's option as if it had been made gratuitously (r). It follows that, if one purchase land of an infant, believing him to be of full age, and sell or mortgage it to another, the infant may avoid his conveyance, and recover the land from the second purchaser or the mortgagee as well as from the original buyer. If, however, an infant fraudulently represent himself to be of full age, and so procure another to complete with him a transaction of sale or purchase, the transaction is in equity (though not at law (s) avoidable by the party misled (t) in the same manner and to the same extent as if the transaction had been induced by the fraud of a person of full age (u). But the equitable jurisdiction, which thus prevents an infant from taking advantage of his own fraud, extends only to decreeing the rescission of the transaction and the restitution of the thing fraudulently obtained, and does not enable the party misled to obtain compensation, if he choose to affirm the transaction (x). On the same principle it seems that if an infant, by a fraudulent representation of this kind, procure a loan on mortgage of his lands or goods, he may be obliged under the equitable jurisdiction of the Court to repay what is owing as a condition of his invoking the assistance of the Court to declare the invalidity of the mortgage or to recover possession of the property mortgaged or the title deeds thereof (y). But to bring this principle into operation, there must be an actual representation made either by the infant's positive assurance that he is of age or by his active concealment of the facts (z); mere silence as to his age is insufficient (a). A power of attorney given by an infant to do on his behalf any act which might bind him is absolutely void as against him (b).

Infant's voidable conveyance is not made valid through purchase for value without notice of infancy.

Infant's sale or purchase procured by his fraudulent representation that he is of age.

Ner; the conveying party is left with a mere right of action to set the transaction aside; and if he assert this, a re-conveyance will be necessary to give him the legal estate therein; see above, pp. 674. 747.

(q) Above, pp. 674, 746, 747.

(r) See Johnson v. Pie, 1 Keb. 905, 913, as to the mortgage there mentioned; Stakeman v. Dawson, 1 De G. & S. 90, 113; Inman v. Inman, L. R. 15 Eq. 260. Of course, where the infant's conveyance is void, as in the case of a mortgage, it cannot be so vali-dated; Thurstan v. Nottingham, etc. Bdg. Socy., 1902, 1 Ch. 1, 1903, A. C. 6.

(s) The rule of law is that an infant's conveyance or contract cannot be made valid by his own fraud; see Pigot v. Russel, Cro. Eliz. 124; Johnson v. Pie, 1 Keb. 905, 913; Jennings v. Rundall, 8 T. R. 335; Nelson v. Stocker, 4 De G. & J. 458, 465; Bartlett v. Wells, 1B.&S. 836, 841.

(t) Watts v. Creswell, 2 Eq. Ca. Abr. 515, pl. 3; Clarke v. Cobley, 2 Cox, 173; Lemprière v. Lange, 12 Ch. D. 675.

(u) Above, pp. 744 sq.

(x) See last note but one; and cf. above, pp. 723, 729, 744 sq. If an infant, by fraudulently representing himself to be of full Infant's power of attorney.

An infant is enabled to make a valid conveyance in the following cases: - First, he may convey real estate under a power simply collateral (c) and exercisable by deed {d): but he cannot convey real estate under any other power (e). As to personalty, an infant may also exercise by deed a power simply collateral, and may further exercise by deed any other power, as to which it appears to have been the donor's intention that it should be exercisable during infancy, and of which the exercise will not operate to diminish his interest in the property appointed (f). But it is submitted that an infant cannot exercise any power over personalty so as to deprive himself of any interest which he has in the subject of the power (g). An infant cannot now exercise any power by will; as under the Wills Act (//) no will made by an infant is valid. Secondly, under the custom of gavelkind an infant of the age of fifteen years or upwards may make a valid conveyance of his land, whereof he is seised subject to this custom, by feoffment executed for valuable consideration (i). In this case the feoffment need not be evidenced by deed (k): but it must be put into writing and signed by the infant in order to satisfy the Statute of Frauds (l); and livery of seisin must be made by the infant in person (l). The custom, however, does not extend to enable the infant to give a valid receipt for the consideration money; the practice is therefore to endorse on the conveyance a written attestation of the fact of payment, instead of inserting the usual receipt (m). But it is thought that the money may be safely paid to the infant (m). Where it appeared on the face of a feoffment on sale by a dowress and co-heirs in gavelkind, of whom one was an infant, that the infant had not received full value for his share, it was held that the title was too doubtful to be forced by the purchaser on a subsequent purchaser from him(n). It is conceived, however, that where it is not apparent that the sale was at an undervalue, it will be presumed that the infant received full value for his land (o). Thirdly, by the Infant Settlements Act, 1855 (p), every infant not under twenty if a male, and not under seventeen if a female, is empowered to make upon or in contemplation of his or her marriage (q), and with the sanction, formerly of the Court of Chancery and now of the Chancery Division of the High Court (r), a valid and binding settlement of all or any part of any property, whether real or personal, and whether in possession, reversion, remainder or expectancy (s), to which he or she is entitled, or over which he or she has any power of appointment, except a power expressly declared not to be exercisable by an infant. The Act makes every conveyance or contract to convey (s) executed by an infant with the approbation of the Court for giving effect to such settlement as valid and effectual as if the infant were of full age (t): but provides (it) that any appointment under a power or disentailing assurance executed by any infant tenant in tail under the Act shall become absolutely void if the infant die under age. It has been held that this provision invalidates appointments made by tenants in tail only, and not tho3e made by other persons (x). Fourthly, infants are in certain special cases enabled by statute to make valid conveyances of land; as with the sanction of the Court for the purpose of giving effect to the sale or mortgage of a deceased testator's or intestate's lands in order to satisfy his debts (y), or to the surrender or grant of renewable leases (z). And infants' lands may by statute be assured by or with the consent of their guardians for certain charitable or meritorious uses (a) or public purposes (b).