Practical Exposition of the Principles of Equity Illustrated By the Leading Dec

Cover Practical Exposition of the Principles of Equity Illustrated By the Leading Dec
Practical Exposition of the Principles of Equity Illustrated By the Leading Dec
H Arthur Henry Arthur Smith
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(rf) Vaughan v. Vandersteyen, (z) jBidlpin V. Clarke, 17 Ves. 365 ; sup. ; Johnson v. Gcdlarjher, 3 De Field V. Sowle, 4 Russ. 112. G. F. & J. 494 ; Mattheinnan's (a) Master v. Fidler, 4 Bro. C. C. Case, 3 Eq. 787. 19 ; 1 Ves. 513. (c) Re Sykes' Trust, 2 J. & H. 415. 34G MARRIED WOMEN. With general power of appoint- iiU'iit by deed or will. By will only. Extent of the lia- bility. Liability of husband to maiu- womau's general engagements would bind property settled on lier for life with a gener...al power of appointment which . She has exercised. At length, in an important case already referred to (/), it was held that where such general power of appointment was exerciseable by deed or %vill, the property might be charged by her act. There the charge liad a special reference to the separate property ; but reading that case along with Vaughan v. Vanderstegen and others above cited, we should be led to the conclusion that property so settled would be subject to general en- yao-ements. We are not, however, now left to such an inferential conclusion, for it has recently been decided, where property was settled on a married woman for her separate use for life, with remainder to such persons as she should by her ivill appoint, she having made a testa- mentary appointment, that the property was liable to the payment of her debts, as if it had been settled on her absolutely (g).

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