increase of fortune falling to her, will bind both creditors and purchasers of the husband, not only when it is ordered by the court of Chancery, but when it is made between the husband and the friends of the wife, and is not a colourable but a bona fide transaction, and does not vastly exceed the consideration, so that from the inadequacy there is no ground for inferring that collusion or fraud was intended on the creditors. (a)

The consideration may be the relinquishment of any valuable interest by the wife, as her jointure or dower. (b)

If the wife enjoy property to her own separate use and absolute disposition, and she give any part of it to her husband, or charge it for his use, in consideration of a settlement after marriage, she will be a purchaser of the provision, and the settlement will be binding upon his creditors, and subsequent purchasers. (c)

(a) 5 Ves. jun. 737. 10 Ves. 140.

(b) Cottle v. Fripp, 2 Vern. 220. Lavender v. Blackstone, 2 Lev. 147. (c) Lady Arundell v. Phipps, 10 Ves. 140. Ex parte Berry, 19 Ves. 218.

SECTION VII.

EFFECT OF MARRIAGE ON THE PROPERTY OF THE HUSBAND

AND WIFE, UNDER THE LAWS OF THE COLONIES, ISLE OF MAN, AND THE UNITED STATES.

The law of England is followed by the greater number of the Colonies.The exceptions are, Barbadoes, as to the wife's title to dower.-Antigua, St. Kitt's, Nevis, Montserrat, and Grenada, as to the manner in which it may be barred by devise.-In Jamaica, slaves subject to husband's curtesy. In Jamaica, Barbadoes, Antigua, St. Vincent's, Tobago, and Grenada, slaves unattached, as well as attached to the plantation, are subject to wife's dower, after payment of debts.-In St. Kitt's, Montserrat, and Virgin Islands, only those attached to the plantation.-In Antigua, St. Kitt's, Montserrat, Grenada, and Tobago, cattle, and plantation utensils, subject, with the plantation, to dower.-Isle of Man, husband and wife take a moiety in the real property of each.-Restraint on the husband and wife's power of alienating their property.-Husband's liability for wife's debts.-Summary of the particulars in which the laws of the several States of America correspond with the law of England.-In what respects they differ from the law of England.—In Georgia, husband takes an absolute interest in wife's real as well as personal property.- Title to curtesy and dower.-Property in slaves.-Wife's power over her real estate.-Construction of gifts and devises to husband and wife.— Wife's separate property, and her power over it.-Jointures.-Testamentary provisions in lieu of dower.-Settlements.-Law of Louisiana.

IN the second, third, and fourth sections of this chapter, a summary has been given of the laws by which the rights and interests of the husband and wife in the property of each other are governed in the colonies of British Guiana, the Cape of Good Hope, Ceylon, Lower Canada, St. Lucia, the Mauritius, and Trinidad.

The law by which they are governed in the other British possessions in the West Indies, and North America, is that of England, with certain alterations made by their local laws. It may be stated, that the only difference between those laws and the law of England, relates to the wife's title to dower, the manner in which it may be barred, and the property in which dower may be claimed.

In all those possessions, except Barbadoes, the wife's title to dower in the husband's lands is governed by the law of England as it existed before the passing of the act 3 and 4 Will. 4, c. 105. It is not barred unless she joins with her husband in the conveyance of the lands subject to it, after having been previously examined apart from him by the judge or other person authorized to take the acknowledgment and probate of her deeds.

But in Barbadoes, the wife's title to dower in the husband's lands may be barred by his sale or other disposition of them without her concurrence, for she is entitled to dower only out of those lands whereof he died seised. "Every woman immediately after the decease of her husband, not having a jointure made before coverture here or elsewhere, shall have right of dower, and shall be endowed of one-third part of all the lands, tenements, and hereditaments whereof her husband died seised in this island according to the laws of England, and in like manner as she should have been if her husband had died seised of any land within the kingdom of England, and that no woman shall be endowed or have any right to be endowed of any lands, tenements, or hereditaments within this island, but such only whereof her husband died, or shall die actually and solely seised in fee-simple or fee-tail general." (a)

In the colonies of Antigua, St. Kitts, Nevis, Montserrat, the Virgin Islands, (b) and Grenada, (c) if the husband devise to his wife any part of his estate, or of the profits thereof, amounting in value to a third part of his estate whereof she was dowable, and shall omit to declare such devise to be in bar of her dower, and shall devise the residue or remainder of his estate to any other person, such devise to his wife shall be taken to be a complete bar of her dower, unless such devisee,

(a) Laws of Barbadoes, No. 31, 11th Sept. 1649, 27th Sept. 1661.
(b) Leeward Island Act, No. 31, cl. 5.

(c) Grenada Act, No. 9, cl. 2.

being of full age, shall disagree to the said devise, and claim or demand her dower within three years after the death of her husband, or after her having arrived at the age of one and twenty years.

In Nova Scotia, (a) where the inheritance is entire, and no division can be made by metes and bounds, so that the widow cannot be endowed of the thing itself, she is endowed thereof in a special and certain manner, as of a third part of the rents, issues, and profits thereof.

In the West India Colonies, (b) and in Prince Edward's Island, (b) the wife bars her dower by joining with her husband in the conveyance of the land which is subject to it, and such conveyance must be recorded.

In Upper Canada, (c) and New Brunswick, (d) a woman may bar her dower by her own release alone, although her husband does not join in it.

Until the abolition of slavery by the acts of the British Parliament and Colonial Legislatures, there existed in the West India colonies a species of property which Great Britain had herself created, and for more than two centuries encouraged. That property now no longer exists. But as the money allotted by the British nation to the owners of slaves as a composition for the price of that property is subject to the same laws by which the property itself was governed, it becomes necessary to consider the rights which the husband and wife acquired in each other's slaves.

In Jamaica, slaves were for many purposes real property. They descended, and must have been transferred either by act inter vivos, or by devise, in the same manner and with the same formalities, as lands. The estate in them was subject to the same principles of law, and the same rules of construction, as regulated the creation

and tenure of an estate in lands. The husband could not alienate the wife's slaves. Her alienation of them must be with those formalities which were required in the conveyance of her land. The husband would take an interest in them as tenant by the curtesy, subject to the same rules by which he would acquire that estate in her land. (a) They would descend on her heir.

The wife had a much more restricted interest in her husband's slaves, than in his lands. (b) She was dowable only of those slaves, whereof he died seised. Her concurrence in his alienation of them was not necessary, and, consequently, he might defeat her title to dower. Even if he had not alienated them in his life-time, yet her title to dower would be defeated, if his assets, including his slaves, were not more than sufficient for the payment of his debts.

In other colonies, although slaves were assets for the payment of debts, yet they were subject, as will be shewn hereafter, to many of the incidents of real property; but, in none of the colonies, except Jamaica, did the law recognise the title of the husband to an estate by the curtesy in his wife's slaves.

In Barbadoes, Antigua, St. Vincent, Grenada, and Tobago, negroes were assets for the payment of debts, whether they were attached or unattached to the plantation, but those of whom the husband died seised were subject to the dower of the wife after the payment of debts. (c)

In St. Kitts, Montserrat, and the Virgin Islands, (d) those only were subject to dower who had been commonly employed in or upon the plantation.

(a) 36 Geo. 3, c. 10, s. 31, Jam. Law. (c) Meynell v. Moore, 4 Bro. Parl. Ca. 103. 60, 73, 117, cl. 15, 22.

11th July, 1767, cl. 1. cl. 1, 2.

(b) 8 Will. 3, c. 2, s. 40, 42.
Barbadoes Acts, No. 42,
St. Vincent's Act,
Tobago, 8 Geo. 3,

Antigua Act, No. 83, cl. 10.
Grenada Act, No. 9, cl. 3.

(d) Leeward Island Act, No. 31.