The Law Relating to the Property of Married Persons: With an Appendix of Statutes and NotesJ. Maclehose & sons, 1891 - 249 pages |
From inside the book
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Page 7
... income , and , in virtue of his right of administration , of the income , but not of the fee of her heritable estate.2 The assignation is complete - contrary to the rule in nearly every other case - without intimation , and operates all ...
... income , and , in virtue of his right of administration , of the income , but not of the fee of her heritable estate.2 The assignation is complete - contrary to the rule in nearly every other case - without intimation , and operates all ...
Page 21
... income or for her rents . The effect of the exclusion or renunciation of the right of administration is that wife may deal with her separate estate both heritable and moveable as if the husband did not exist.3 the and of the 1 Per Lord ...
... income or for her rents . The effect of the exclusion or renunciation of the right of administration is that wife may deal with her separate estate both heritable and moveable as if the husband did not exist.3 the and of the 1 Per Lord ...
Page 22
... income of her heritage , so it imposes upon him during her life time - but no longer , unless he is lucratus by the marriage - liability for the debts contracted by her before marriage , other than heritable debts and debts affecting ...
... income of her heritage , so it imposes upon him during her life time - but no longer , unless he is lucratus by the marriage - liability for the debts contracted by her before marriage , other than heritable debts and debts affecting ...
Page 50
... income , £ 500 a year , the husband being insolvent , Taunton v . Morris , 1879 , L.R. 11 Ch . D. 779. So also the whole will be settled where the hus- band has been guilty of gross misconduct , or has abandoned the wife , or is not in ...
... income , £ 500 a year , the husband being insolvent , Taunton v . Morris , 1879 , L.R. 11 Ch . D. 779. So also the whole will be settled where the hus- band has been guilty of gross misconduct , or has abandoned the wife , or is not in ...
Page 66
... income of the wife's moveable estate is payable to her , and her individual receipt therefor is sufficient . To this extent , the husband's right of administration is ex- cluded . She cannot , however , assign the prospective in- come ...
... income of the wife's moveable estate is payable to her , and her individual receipt therefor is sufficient . To this extent , the husband's right of administration is ex- cluded . She cannot , however , assign the prospective in- come ...
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The Law Relating to the Property of Married Persons with an Appendix of ... David Murray No preview available - 2015 |
Common terms and phrases
aliment alimentary ante-nuptial contract apply bankrupt bankruptcy Bankruptcy Scotland beneficiary City of Glasgow claim clause common law communio Conjugal Rights contract of marriage Court of Session death debts effect England entitled Ersk excluded Executors father favour Fraser fund gift Glasgow Bank heirs held heritable heritable property Husband and Wife income infeft infra interest intestacy intestate July June jus crediti jus mariti jus relictae land law of Scotland liable liferent Lord Ordinary M'Intosh March mariti and right marriage contract Married Women's Property moveable estate obligation onerous creditors Parliament of Scotland passing payable payment perty Policies of Assurance predeceasing property of married protection regards Regiam Majestatem right of administration rule Scottish Widows separate estate seqq sequestration settled settlement sheriff court spouses statute supra surviving terce thereof tion vested Vict Walker's Executor widow wife's moveable wife's property woman Women's Property Act
Popular passages
Page 202 - ... or during the minority or respective minorities only of any person or persons, who, under the uses or trusts of the deed, surrender, will, or other assurances directing such accumulations, would for the time being, if of full age, be entitled unto the rents, issues, and profits, or the interest, dividends, or annual produce, so directed to be aceumuhitetl.
Page 202 - ... and in every case where any accumulation shall be directed otherwise than as aforesaid, such direction shall be null and void, and the rents, issues, profits, and produce of such property so directed to be accumulated, shall, so long as the same shall be directed to be accumulated contrary to the provisions of this Act, go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed.
Page 53 - Generally in all matters not herein-before particularly mentioned, in which there is any conflict or variance between the Rules of Equity and the Rules of the Common Law with reference to the same matter, the rules of Equity shall prevail.
Page 4 - By marriage the husband and wife are one person in law ; that is the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband ; under whose wing, protection, and cover, she performs everything...
Page 183 - ... if satisfied of the fact of such desertion, and that the same was without reasonable cause, and that the wife is maintaining herself by her own industry or property, may make and give to the wife an order protecting her earnings and property acquired since the commencement of such desertion...
Page 185 - ... and her husband shall not be liable in respect of any engagement or contract she may have entered into, or for any wrongful act or omission by her, or for any costs she may incur as plaintiff or defendant ; provided that where upon any such judicial separation alimony has been decreed or ordered to be paid to the wife, and the same shall not be duly paid by the husband, he shall be liable for necessaries supplied for her use...
Page 187 - Parliament assembled, and by the authority of the same, that the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows ; (that is to say), the word
Page 185 - ... intestate, go as the same would have gone if her husband had been then dead ; provided, that if any such wife should again cohabit with her husband, all such property as she may be entitled to when such cohabitation shall take place shall be held to her separate use ; subject, however, to any agreement in writing made between herself and her husband whilst separate.
Page 119 - ... during his life, or till he shall become bankrupt or shall assign, charge or incumber the said income, or shall do or suffer something whereby the same, or some part thereof, would through his act or default, or by operation or process of law, if belonging absolutely to him, become vested in or payable to some other person* or persons...
Page 61 - ... shall not be liable for the same any further or otherwise ; and any court in which a husband shall be sued for any such debt shall have power to direct any inquiry or proceedings which it may think proper for the purpose of ascertaining the nature, amount, or value of such property : Provided always, that nothing in this Act contained...