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Where guardians absent, or non compos, &c.
Forfeitures by reason of fraudulent marriages without consent of
guardians
Provisions of 6 & 7 Will. 4, c. 85
CHAPTER I.
RIGHTS ARISING FROM THE MARRIAGE.
PAGE
14
15
16
SECT.
I.-CHATTELS PERSONAL IN POSSESSION; AND SPECIFIC CHATTELS.
Principle that husband and wife are one
Chattels personal &c., which were the husband's before mar-
riage continue his after marriage
18
The wife's on the other hand become by the marriage the
husband's
Those which were the husband's before the marriage continue
to be his after it
21
The wife's are placed at his absolute disposal, except that he
cannot by will bar her survivorship
Case of his being survivor
The alienation by husband may be without consideration.
His agreement will bind her surviving.
Her legal and trust terms.
Elegits, statute staple, &c.
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residue will survive to her
When part only of her chattel real is disposed of by him the
Acts of disposition besides express alienation
Provisions of the Fines and Recoveries Act
Regulations of the Court of Common Pleas, and decisions thereon
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32
I. HUSBAND'S RESPONSIBILITY FOR WIFE'S PRIOR DEBTS, &c.
Husband's liability for wife's prior obligations
39
CHAPTER III.
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45
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RIGHTS ARISING FROM ACTS DONE IN THE MARRIAGE STATE.
If a payment is made to her there must be proof of her authority
II.-WIFE'S CHATTELS PERSONAL OR CHOSES IN ACTION.
Wife's right not divested by marriage
Rule different from that as to her goods or specific chattels in the
hands of third parties
Of what the wife's choses in action may consist
Sir Thomas Plumer's definition
What shall be a sufficient reduction into possession by the hus-
46 47 48
48
49
Cases in conformity with it
50
Bond to wife-Receipt of interest not a reduction into posses-
sion
Husband lunatic-wife his committee-transfer of her stock to
the lunacy a sufficient reduction into possession
How wife's chose in action recovered.
III. ASSIGNMENT OF THE WIFE'S PERSONAL CHATTEL OR CHOSE IN
ACTION
Assignment in equity
Effect of Purdew v. Jackson
Argument of Lord Lyndhurst
Where the chose, neither at the time of the assignment nor after-
wards, was capable of reduction into possession
Where it becomes capable of such reduction after the assignment
Where, both at the time of the assignment and afterwards, the
chose was capable of such reduction
57
60
62
Effect of an assignment of the prior interest to the reversioner
femme couverte.
63
Assignment valueless unless followed by reduction into pos-
session
65
Assignment in bankruptcy subject to same rule
66
Husband's assignees in bankruptcy cannot sue in their own names
alone.
Or an interest secured to her for her husband's life
When the equity is allowed out of her life interest as against a
The court will not take the consent of an infant femme couverte
Consent will not be taken till the amount of the fund is ascer-
tained
Consequence of wife's refusal to waive her equity
བས
76
77
Necessity, before paying money out of court, of showing that
There must be a petition for payment of wife's money out of
Where the parties marrying had a foreign law in contemplation,
the equity does not arise
79
The equity is personal to the wife; but, when allowed, the
children are included in the settlement.
Remarks of Lord Langdale.
88883
82
When the equity has accrued the wife cannot by waiving it
defeat her children's claim
83
A decree for a settlement always contemplates the interests of
the children
Case of Fenner v. Taylor
84
85
Where some of the children are otherwise provided for
Where there are no children nor prospect of any
86
Advances to wife when she is entitled to separate maintenance.
105
How far questions of matrimonial conduct cognisable in Chancery 108
VI.-WIFE'S POWERS UNDER THE 91ST SECTION OF THE FINES AND RECOVERIES
Аст
113
Section 91: not substitutionary but remedial
114
Its provisions, enabling the wife to dispose of her property
without her husband's concurrence
115
Case of Mrs. Thomas, where husband and wife had lived apart
for twenty-four years, and he had become deranged .
The practice is to proceed upon affidavit only
Case of Mrs. Shuttleworth, where the husband had for many
years entirely disappeared.