Proceedings of the ... Annual Meeting of the Kentucky State Bar Association ...

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Proceedings of the ... Annual Meeting of the Kentucky State Bar Association ...
Kentucky State Bar Association
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St. 476), contain elaborate rea- soning in favor of such construction of like statutes.
Most of the cases, however, have been decided with reference to conditions which have rarely existed in Kentucky. It will be found that for the most part they were rendered in states in which, before the passage of the act construed, there had been statutes depriving the husband of all control over the real estate of the wife, and either restricting or enlarging her power to dispose of her real estate, or to
... charge it with her debts. There were thus two kinds of what the courts have termed separate estates, the one being the equitable separate estate, and the other being that, which, in Kentucky, would be called the general estate, and which in the cases referred to is spoken of, for want of a better term, the "legal separate estate." In Kentucky, however, the law has never deprived the husband of all control over the wife's real estate, except in the comparatively rare cases where the wife has been authorized, by decree of court, to act as a feme sole.

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