Separate Use in Pennsylvania, Considered With Respect to the Restraint On Alienation : An Address Delivered Before the Law Academy of Philadelphia
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& R. 331, but they were probably not used to enable married women to convey or bar dower, as they were unnec- essary for that purpose. The common law disability of coverture, therefore, fell far short of a total re- straint upon alienation.
That the restraint incident* to the separate use is limited to the existence of the coverture is true, but it is not apparent how it can be entirely the result of the coverture. Why should coverture disable a woman more entirely in equity than at law ? There... is no such absolute disability incident to the ordinary equitable estate, not settled to the separate use of a married woman ; it is peculiar to that species of settlement.
Then, if the total restraint be not the result of the coverture, whence does it arise ? It seems to me clear that it must come from the intention of the settlor in making the gift in such terms. -The construction of such settlements adopted in Lancaster v. Do/an, and the subsequent cases, was that it was the intention of the giver that the wife should be totally disabled, in order that the husband might be effectually excluded.
What to read after Separate Use in Pennsylvania, Considered With Respect to the Restraint On Alienation : An Address Delivered Before the Law Academy of Philadelphia?
You can find similar books in the "Read Also" column, or choose other free books by Mitchell, E. Coppée (Edward Coppée), 1836-1887 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
& R. 331, but they were probably not used to enable married women to convey or bar dower, as they were unnec- essary for that purpose. The common law disability of coverture, therefore, fell far short of a total re- straint upon alienation.
That the restraint incident* to the separate use is limited to the existence of the coverture is true, but it is not apparent how it can be entirely the result of the coverture. Why should coverture disable a woman more entirely in equity than at law ? There... is no such absolute disability incident to the ordinary equitable estate, not settled to the separate use of a married woman ; it is peculiar to that species of settlement.
Then, if the total restraint be not the result of the coverture, whence does it arise ? It seems to me clear that it must come from the intention of the settlor in making the gift in such terms. -The construction of such settlements adopted in Lancaster v. Do/an, and the subsequent cases, was that it was the intention of the giver that the wife should be totally disabled, in order that the husband might be effectually excluded.
What to read after Separate Use in Pennsylvania, Considered With Respect to the Restraint On Alienation : An Address Delivered Before the Law Academy of Philadelphia?
You can find similar books in the "Read Also" column, or choose other free books by Mitchell, E. Coppée (Edward Coppée), 1836-1887 to read onlineMoreLess
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