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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