The Law Relating to Trusts And Trustees
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367.
Hodgson (1812), 19 Ves. 206 ; 108 Art. 16.
Fraudulent marriage settlement where wife privy to fraud.
How far fraudulent intent presumed.
ExPEESS OB Declared Trusts.
question, the income would have come to the trustee in bank- ruptcy of the settlor (m). The whole settlement will not be void, but only the gift over on bankruptcy (n). Moreover, the principle only applies to property of the husband, and not to property belonging to the wife or a third party (n). Whether it applies to property ...which has come to tlir husband in right of the wife, and which he has settled by a post-nuptial settle- ment, seems doubtful, unless other circumstances show that the settlement was not made bond fide, but for the purpose of defeating creditors (o). In the latter case it may be void in toto, unless made in pursuance of an ante-nuptial agreement (o).
Speaking broadly, a marriage settlement can only be upset as against the wife where she has been a party to the fraud (j?).
It has recently been held that the fact of the settlement con- taining a covenant by the husband to settle all his after- acquired property will not of itself be evidence of fraud on her part (q).
What to read after The Law Relating to Trusts And Trustees?
You can find similar books in the "Read Also" column, or choose other free books by Underhill, Arthur, Sir, 1850-1939 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
367.
Hodgson (1812), 19 Ves. 206 ; 108 Art. 16.
Fraudulent marriage settlement where wife privy to fraud.
How far fraudulent intent presumed.
ExPEESS OB Declared Trusts.
question, the income would have come to the trustee in bank- ruptcy of the settlor (m). The whole settlement will not be void, but only the gift over on bankruptcy (n). Moreover, the principle only applies to property of the husband, and not to property belonging to the wife or a third party (n). Whether it applies to property ...which has come to tlir husband in right of the wife, and which he has settled by a post-nuptial settle- ment, seems doubtful, unless other circumstances show that the settlement was not made bond fide, but for the purpose of defeating creditors (o). In the latter case it may be void in toto, unless made in pursuance of an ante-nuptial agreement (o).
Speaking broadly, a marriage settlement can only be upset as against the wife where she has been a party to the fraud (j?).
It has recently been held that the fact of the settlement con- taining a covenant by the husband to settle all his after- acquired property will not of itself be evidence of fraud on her part (q).
What to read after The Law Relating to Trusts And Trustees?
You can find similar books in the "Read Also" column, or choose other free books by Underhill, Arthur, Sir, 1850-1939 to read onlineMoreLess
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