Commentaries on the Law of Married Women: Under the Statutes of the Several States, and at Common Law and in Equity, Volume 1Little, Brown,, 1878 |
Other editions - View all
Common terms and phrases
administrator annuity ante-nuptial assignment authority band Bishop Bright Hus chapter chattel chattel real chose in action claim common law consideration Continued contract convey conveyance court of equity covenant coverture creditors curtesy debt deed deemed devise distinction distributive share doctrine effect election English entitled to dower equity of redemption execution executor fee simple fee tail feme feme covert freehold gift heirs held husband and wife inheritance interest issue joint tenancy jointure Kent lease legacy Lord marital right marriage married woman Misso Monr mortgage observed Paige payment personal estate personal property possession post-nuptial principle provision purchase real estate reduced release remainder rent right of dower Roper Hus rule Scrib seised seisin settled settlement statute Story Eq Strob suit supra tenant term third person tion trustee vested widow wife surviving wife's choses wife's land wife's right
Popular passages
Page 349 - ... to be laid out in the purchase of lands, to be settled to the use of Benjamin Ferrand's will.
Page 587 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract.
Page 161 - A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance, at any time during the marriage.
Page 653 - In entering into such engagement she purports to contract, not for her husband, but for herself, and on the credit of her separate estate, and it was so Intended by her, and so understood by the person with whom she is contracting, that constitutes an obligation for which the per. son with whom she contracts has the right to make her separate estate liable...
Page 442 - ... portions, and upon the death of either, the survivor takes a new estate. He acquires by survivorship the moiety of his deceased cotenant. In the last case, although there are two natural persons, they are but one person in law, and upon the death of either, the survivor takes no new estate. It is a mere change in the properties of the legal person holding, and not an alteration in the estate holden. The loss of an adjunct merely reduces the legal personage holding the estate to an individuality...
Page 188 - ... real estate, whereof her husband, or any other to his use, was seized of an estate of inheritance, at any time during the coverture, to which she shall not have relinquished or released her right of dower, by deed executed and acknowledged in the manner prescribed by law for that purpose.
Page 648 - But it would be contrary to the whole principle of the doctrine of separate use, to require the consent or concurrence of the husband in the act or instrument by which the wife's separate estate is dealt with or disposed of.
Page 326 - ... albeit the issue after dieth or liveth, yet if the wife dies, the husband shall hold the land during his life by the law of England.
Page 185 - Under such circumstances, the vendee is treated as the owner of the land, and it is devisable and descendible, as his real estate. On the other hand, the money is treated as the personal estate of the vendor, and is subject to the like modes of disposition by him...
Page 161 - Dower, in the common law, is taken for that portion of lands or tenements which the wife hath for term of her life of the lands or tenements of her husband after his decease, for the sustenance of herself, and the nurture and education of her children.