A Treatise on the Law of Property Arising from the Relation Between Husband and Wife, Volume 1

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Butterworth, 1826 - Husband and wife - 632 pages
 

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Page 1 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband; under whose wing, protection, and cover, she performs every thing...
Page 385 - Therefore, if a man seised in fee-simple hath a son by his first wife, and after marries a second wife, she shall be endowed of his lands ; for her issue might by possibility have been heir on the death of the son by the former wife. But if there be a donee in special tail who holds lands to him and the heirs of his body begotten on Jane his wife : though Jane may be endowed of these lands, yet if Jane dies, and he marries a second wife, that second wife shall never be endowed of the lands entailed;...
Page 611 - Villers, covenanted to stand seised of certain lands, to the use of himself for life, remainder to the use of his...
Page 526 - CD and his assigns for and during the term of his natural life without impeachment of waste And from and after the determination of that estate by forfeiture or otherwise...
Page 467 - RG, were parties, and by a recovery suffered in pursuance thereof, the estates were limited to the use of the husband for life, remainder to the wife...
Page 330 - ... at any time during the coverture, and of which any issue she might have had might by possibility have been heir.
Page 317 - accompanies and follows," because I shall mention some cases where, though possession was not delivered at the time, the conveyance was not held to be fraudulent.
Page 305 - That no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person; or to charge any person upon any agreement made in consideration of marriage...
Page 72 - ... to uses shall be deemed to be in him or them that have the use, in such quality, manner, form and condition, as they had before in the use.
Page 567 - ... courts of equity hold it to be against conscience that A should take the estate bequeathed to him, and at the same time refuse to effectuate the implied condition contained in the will of the testator. The court will not permit him to take that which cannot be his but by virtue of the disposition of the will, and at the same time to keep what, by the same will, is given, or intended to be given, to another person. It is contrary to the established principles of equity that he should enjoy the...

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