Wills by
married women,
when
good. |
82 WILLS and TESTAMENTS.
By the 34 and 35 Hen. 8, cap. 5, it is enacted,
that wills of lands by married women shall
not be good.
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A wife, generally, cannot dispose by will of
chattels, without the consent of her husband.
Her will made before marriage, becomes void on
marriage, if she even survives her husband; but
with the husband's consent, a married woman
may make a will; so of savings out of pin money,
or separate maintenance, she may make a
will in effect; and tho' a married woman cannot
strictly make a will, yet she may an appointment;
and if the husband enter into bond, or
covenant before marriage to permit his wife
to make a will, he shall be bound thereby.
Swin. 88, 89, 94, 95--Viner, Baron & Feme--
R. a. 16--1 Vern. 244--1 Mod. 211--Law of
test. 37.
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It is said if a married woman be the executrix
of another, and have chattels, as such she may
make a will, to continue the executorship without
the husband's consent. Swin 89--Law of
test. 34--But she cannot bequeath the chattels
without making an executor, or to any other
person than the executor; nor can she dispose
by will of any bequest to her as a legatee; for
that belongs to her husband, being accepted by |
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