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The Law Library Volume 67

The Law Library Volume 67


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1850 Excerpt: ... Sperling v. Rochfort, 8 Ves. 180. / transaction. In Creed v. Perry, (a;) and Hall v. Hugonin, (y) Sir L. Shadwell, V. C, gave effect to such a transaction by receiving the consent of the wife to payment to her husband, after a release of a life estate prior to her reversionary estate had been obtained from the party in right of it. And the same judge followed the same course in Bishop v. Colebrook, (z) where the question arose upon a surrender to the wife of a life estate in the husband, by a purchaser of that estate under the bankruptcy of the husband. His Honor said, that, by the surrender of the life estate to the wife, the whole interest was in her to deal with it as freely as if it had originally been given to her absolutely. It would seem, therefore, according to the authority of these cases, if they are to be assented to, that the vesting in possession of the reversionary interest of the wife, if it can be accomplished during the coverture, will support an assignment of the fund by the wife, upon her waiving, by consent in court, her equity to a settlement out of it. But it must be obvious, that this suggests a very easy expedient for defeating that jurisdiction which Courts of equity have asserted of protecting the property of married women from "the influence of their husbands; for the transaction, -, although upon the face of it appearing to be for the benefit of the L J wife, by enlarging her estate or bringing it immediately into possession, is in truth but a contrivance to convert the property into that nature which will enable the husband to take it from her, as having become his jure mariti, and this through the assistance of the Court itself. Doswell v. Earle(a) was relied upon in Hall v. Hugonin, as an authority for the course which the...


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Product Details
  • ISBN-13: 9781154424041
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 306
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 1154424049
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 549 gr


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