Lawyers' Reports Annotated Bk. 41

Cover Lawyers' Reports Annotated Bk. 41
Lawyers' Reports Annotated Bk. 41
Lawyers Co-Operative Publishing Company
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674. were cited as sus- taining the rule, that a settlement by a widow upon her children by a former marriage, even if made during the treaty for a second marriage^ without the consent or knowledge of her in- tended husband, is valid. It was argued that a settlement for the benefit! of children of the contemplated marriage is equally meritorious.
But I cannot understand uplon what just prin- ciple a trust in either case can be declared valid by a court of equity. In Hunt v. Atatthetos, the cour
...t is reported to have said, or rather thought, —for that is the word used,— that a widow might, with a good conscience, before she put herself under the power of a second husband, provide for the children she had by the first. Now there may be no difference of opinion as to the propriety of her making such a provision for her children, and in some cases she would be conscientiously and morally bound to do so; but the question remains.
Could she conscientiously do it without the knowledge of her husband?


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