Page:Every Woman's Encyclopedia Volume 1.djvu/290

 LAW 268 LAW AND MONEY MATTERS Continued from fiag-e 114, Part I Married Women's Property rs marriage the husband became entitled ^^ to the rents and profits of the wife's real projx^rty while they were both living, and after the birth of a child who might inherit the estate, if he survived his wife, he became " tenant by the curtesy." He also became entitled to his wife's personal property, which he could dispose of as he pleased. Broadly speaking, by realty we mean real estate and ever'thing in connection with landed property, while by personal property is meant movables, such as goods and money. As a matter of law, however, land sometimes becomes personalty ; but with these legal intricacies we will not trouble our readers. Fusion of Law and Equity Before the passing of the Married Women's Property Act the Courts of Equity had recognised the injustice inflicted upon married women by the Common Law doctrine which merged her existence in that of her husband, and hence, apart from any legisla- tion, arose the Equitable Doctrine of Separate Estate. The old distinction between law and equity we may pass over, since the Judicature Acts provide that law and equity are in every case to be administered concurrently ; that every judge shall have and exercise the jurisdiction of every other judge, and that where there is any conflict between the rules of equity and law the former arc to prevail. To the Chancery Division, however, is still assigned the exclusive administration of certain matters nearly all relating to real estate. Separate Estate This exists in property of every descrip- tion, and may arise through an ante-nuptial agreement, or by a post-nuptial agreement, or by virtue of a separation deed, or by express hmitation to separate use, or by wife's separate trading. There is also the absolute gift to wife for her separate use by her husband, or by a stranger. No particular form of words is necessary to create a separate use so long as an abso- lute intention appears to exclude the husband's marital right. The words gener- ally used are " for her sole and separate use," and formerly it was usual in all cases of the kind to interpose trustees in whom the legal property vested ; in the absence of trustees, the husband in whom the legal estate vests, will be deemed a trustee for the wife. As to personalty and life estates, she may dispose of them in every respect as if she were single ; the savings of income are also separate estate, and she is at liberty to dis- pose of them as over the capital. But if she dies without having exercised her power of disposition, the separate use falls off, and the property, if personalty, goes to the husband without his taking out letters of administration, and if realty, goes to her heir, subject to her husband's right of curtesy. And this is so whether the property was acquired by express limitation or by virtue of the Married Women's Property Act, but in each case subject to her debts where her separate estate would be liable were she still living. Restraint on Anticipation In order to protect a married woman's separate estate against the undue influence of her husband and others, equity allowed her to be restrained from anticipating or disposing of it. It can only exist during coverture, but re-attaches on every sub- sequent marriage if apt words are used. No particular form of words is necessary to create a restraint provided the intention is clear; the words "not to be sold or mort- gaged " have been held sufficient. If she is divorced, or becomes a widow, she may deal with the estate so as to destroy or end the trust for her separate use by selling the estate and receiving the purchase-money. To be rontimced. GLOSSARY EXPLAINING THE MEANING OF LEGAL TERMS IN THIS SECTION Special Lice.nce.— Authorising marriage at any hour of the day or night at any place, whether consecrated or not. Habit and Repute. — Formerly regarded as a marriage in Scotland, and now strong presumptive evidence of a mar- riage having taken place. Minor (Legal Infant).— Persons of either .sex under twenty-one years of age. Child. — Under fourteen. Young Person.— Over fourteen and under sixteen. Common Law.— That particular portion of municipal law which was in former times administered exclusively by the common law tribunals, and which is still administered by them, but modified by equitable doctrines. Tenant by Curtesy. — Husband's life interest in an estate belonging to his wife of which a child is born to inherit. Realty. — Real property such as relates to land, title deeds, and, generally speaking, is regarded as immovable. Personalty. — Personal property, i.e., movable property and chattels, real, a:s distinguished from real estate, personal effects, money, etc. Equity. — Law which has been built up in the course of time to right the hardship and injustice inflicted by the common law, which is reduced to hard and fast rules. Restraint on Anticipation. — A restraint imposed by the Courts of Equity on married women for their own protection, and to prevent their husbands or other persons from alienating and squandering their property.