Law of the Domestic Relations, Embracing Husband And Wife, Parent And Child, Guardian And Ward, Infancy, And Master And Servant

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Ferris, 19 Beav. 69.
134 DOMESTIC RELATIONS.
118. A gift of the produce of a fund is to be considered a gift of that produce in perpetuity; hence it is a gift of the fund itself, nothing appearing to show a different intention.
Therefore a bequest of a fund to a woman, with the interest thereon, to be vested in trustees, — the income arising there- from to be for her separate use and benefit, — vests the capital for her separate use.^ It is fair to suppose that in equity the wife's separate use
... binds the produce of the fund as well as the fund itself.^ What the wife saves out of her separate income, too, if its identity be properly preserved, is in equity her separate estate.^ It must only be observed that income or produce of the fund, if once in the husband's hands, may readily be presumed to have been bestowed upon him by the wife, either for himself or the family expenses.
119. The quality of separate estate ceases on the death of the wife ; and if her husband survives her, he becomes entitled to the property as though it had never been settled to her sepa- rate use.


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