A SUMMARY OF THE ALTERATIONS MADE IN THE LAW RELATING TO WILLS BY THE MARRIED WOMEN'S PROPERTY ACT, 1882, AND THE CONVEYANCING ACT, 1882, FORMING AN ADDENDUM TO THEOBALD'S TREATISE ON THE LAW OF WILLS. London: STEVENS AND SONS, 119, Chancery Lane, W.C. ADDENDA. Women's THE testamentary power of married women has been Married enlarged by the Married Women's Property Act, 1882, and the statement of the law contained on pages 15-17 Act, 1882. requires modification. woman holding By that Act, which comes into force on the 1st January, Married 1883 (section 1), a married woman is capable of acquiring, capable of holding, and disposing by will or otherwise of any real or property personal property as her separate property in the same as a feme manner as if she were a feme sole, without the intervention of a trustee (section 1, subs. 1). sole. of woman after Act feme sole. By section 2, every woman who marries after the com- Property mencement of the Act may hold as her separate property married and dispose of in manner aforesaid all real and personal to be held property which shall belong to her at the time of her by her as a marriage, or shall be acquired by or devolve upon her after marriage, including any wages, earnings, money, and property gained or acquired by her in any employment, trade or occupation in which she is engaged or which she carries on separately from her husband, or by the exercise of any literary, artistic or scientific skill. By section 4, the execution of a general power by will by Execution of general a married woman is to have the effect of making the pro- power. perty appointed liable for her debts and other liabilities in the same manner as her separate estate is made liable under the Act (see p. 624, post). Property By section 5, every woman married before the comacquired after Act mencement of the Act may hold and dispose of in manner by woman aforesaid, as her separate property, all real and personal married before. Married woman property, her title to which, whether vested or contingent and whether in possession, reversion, or remainder, shall accrue after the commencement of the Act, including wages, earnings, money, and property, so gained or acquired by her as aforesaid. By section 18, a married woman who is an executrix or executrix administratrix alone or jointly with any other person, or or trustee. a trustee alone or jointly as aforesaid, may sue and be sued and may transfer or join in transferring the trust property without her husband as if she were a feme sole. Conveyancing Act, 1882. Restric tion on The effect of gifts over in default of issue has, as regards land, been modified by the Conveyancing Act, 1882 (see p. 534, post). By section 10 of that Act, it is enacted that where there executory is a person entitled to land for an estate in fee, or for a limitation. term of years, absolute or determinable on life or for term of life, with a limitation over on default or failure of all or any of his issue, whether within or at any specified period or time, or not, that executory limitation shall be and become void and incapable of taking effect if and as soon as there is living any issue who has attained the age of twenty-one years of the class on default or failure whereof the limitation over was to take effect. The section applies only, where the executory limitation is contained in an instrument coming into operation after the commencement of the Act (the 1st January, 1883). INDEX. ABATEMENT, of legacies, 620-622 what are legacies for purpose of, 620, 621 how the value of annuities calculated, 621 legacies for valuable consideration have priority, ib. legacy in lieu of dower where testator has no land has no priority, ib. time of payment creates no priority, ib., 622 use of words, "firstly," "secondly," in introducing legacies, 622 legacies on supposition of a surplus, ib. realty given subject to legacies abates before them, ib. between general and residuary legatees, 622-624 legacies have priority over residue, 622, 623 fund set apart to pay annuities, 623 direction that annuities are to abate, ib. loss of assets falls on residue, ib. consent by legatees to an appropriation, ib., 624 ABSOLUTE INTEREST IN PERSONALTY, 370-376 ACCELERATION, of power of leasing, 366 not effected by Thellusson Act, 447, 448 takes place where the tenant for life is incapable of taking, 609 distinction between powers of sale and of charging as regards, ib. ACCRUER, 516-518 effect of a clause of, upon vesting, 416 clause of, will not pass accrued shares, 516 intention that accrued are to go with original shares, 517 words applicable to accrued shares, ib. |