The Nova Scotia Reports ...: Containing Reports of Cases Argued ..., volume 40
The Nova Scotia Reports ...: Containing Reports of Cases Argued ..., volume 40
Nova Scotia. Supreme Court, Nova Scotia. Vice-Admiralty Court
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Crawley on Husband and Wife, page 36, in dealing with this aspect, says: "Marriage in no way affects the right of a husband over his own property, and confers no right upon the wife in such property during its continuance." This is now true as to the wife's property, at least, in a very general sense. The observation just quoted applies, it appears to me, with greater force, perhaps, to England, where, at the present day, a husband may be said to be able to defeat his wife's right to dower, tha...n to Nova Scotia, where, in recent yjears, a wife's dowable rights under the statute have been enlarged, and where, during coverture, the husband, as a general rule, cannot by any act defeat or diminish her right to dower. Apart from dower, the wife, like the husband, as to curtesy, has nothing more than the hope of succession by descent under the statute in that behalf, which may be defeated by will and otherwise. The defeat of this mere succession cannot be made the foundation for the relief sought here against the husband's conveyance.
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