576 INDEX.

MANUMISSION—CowttroiKd.

the deceased manumittor can be legally asaertained. Thomas vs.
W)0(i,297. -€ •
3. With regard to the manumittor himself and his legal representatives,
the manumission, though in prejudice of creditors, is valid, and the
negroes manumitted are not assets for the payment of debts. 16.
MARITAL RIGHTS.
.See MARRIAGE SETTLEMENT.
MARRIAeE SETTLEMENT.

I. By a marriage settlement, the property of the wife was conveyed to
trustees for the benefit of the wife during coverture, free from the con-
trol, and not liable for the debts of [her husband, with power to the
wife to dispose of the same, either by last will and testament, in writ-
ing, or by any other writing, signed by her hand, in the presence of two
witnesses. The wife died without making any disposition whatever
'ill of the property, it was HELD—

That the contract did nothing more than suspend the marital rights
of the husband during the life of the wife, and upon her death
the property remained precisely in the same condition it would
have been in, if no such power of appointment had been created,
and consequently the rights of the husband revived upon her
death. Jones Sf White vs. Brawn et al., 191.

3. When it is intended, in a marriage settlement, to exclude the rights of
the husband to the personal property of the wife, in the event of his
surviving her, and in default of her appointment, an express provision to
that effect should be inserted. It.

3. When the settlement makes no disposition of the property in the evelct
of the wife's death, and provides only for her dominion over it during
coverture, the right of the husband as survivor, is a fixed and stable
right, over which the court has no control and of which he cannot be
divested. Ib.

4. A settlement upon the wife after marriage, in pursuance of a valid
agreement before marriage, is good and binding against the creditors
of the husband. Brooks vs. Dent, 523.
See TRUSTEES, THEIR DUTIES AND POWERS, 3.
MARRIED WOMEN, CHARGING SEPARATE ESTATE OF, &c.

Before the separate estate of a married woman can be charged for her en-
gagements, it must be shown that her contract was made with direct
reference to such separate estate; and she is not to be regarded with
respect to such estate as a ftnw sole, to all intents and purposes, and
bound by any form of contract into which she may please to enter,
whether made with reference to such estate or not. Conn vs. Conn,
213.
MARSHALING ASSETS.

In marshaling aasets, lands descended are to be applied before lauds de-
vised. Brooks vs. Dent, 523.