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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 414   View pdf image (33K)
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414 HIGH COURT OF CHANCERY.
GEORGE A. WILLIAMS AND WIFE
vs.
SAMUEL C. DONALDSON AND
JAMES WINCHESTER.
DECEMBER TERM, 1849.
[POWER OF MARRIED WOMEN OVER THEIR SEPARATE ESTATE.]
A MARRIED woman has no power over her separate estate but such as has been
specially given to her, and in exercising the power of disposition she is re-
stricted to the particular mode specified in the instrument under which she
takes when it undertakes to make such specification.
[By a marriage settlement, executed on the 11th of Septem-
ber, 1849, in contemplation of a marriage then intended to be
shortly had and solemnized between George A. Williams and
Jane A. Douglas, all the real and personal estate of the in-
tended wife was conveyed to Donaldson & Winchester, in trust.
.First, for the said Jane, her heirs, executors, administrators
and assigns, until the solemnization of the intended marriage.
Secondly, after said marriage to receive the rents, profits, in-
come and dividends of all said property, and to pay over the
same, or such parts thereof as she shall require, to the said
Jane, "on her own separate receipt, or to her own separate
order in writing," and to invest such parts of the same as she
shall not so require, in such property, real or personal, as she
and her husband "shall in writing under their hands jointly di-
rect and designate," and the income of such investments to pay
to the said Jane, "on her own separate receipt or order in
writing, as is above provided for in regard to the income of the
property hereby conveyed," with power to the said trustees,
"with the consent and approbation" of her and her husband,
"testified in writing for that purpose, to sell, convey, transfer
and dispose of any of said property," and lay out the pro-
ceeds in "new stocks, funds, securities or real estate," as often
as occasion shall require, all which new stocks, &c., and the in-
come thereof, "shall go and remain upon the same trusts and
for the same intents and purposes" as those which shall have

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 414   View pdf image (33K)
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