AET. 45] PROPERTY OF MARRIED WOMEN. 1167

person, his heir, executors, administrators or assigns, of the existence
or of the possibility or probability of the existence of any subsisting
creditor or creditors of such husband.
See notes to sec. 1.

1904, art. 45, sec. 3. 1888, art. 45, sec. 3. 1860, art. 45, sec. 3. 1853, ch. 245,

sec. 3. 1898, ch. 457.

3. It shall not be necessary for a married woman to have a trustee
to secure to her the sole and separate use of her property; but if she
desires it, she may make a trustee by deed, or she may apply to a court
of equity and have a trustee appointed, in which appointment the uses
and trusts for which the trustee holds the property shall be declared.

The legal title to her property is vested in a married woman by law.
Barton v. Barton, 32 Md. 223.

The scope and purpose of this section in connection with sections 1 and 2
of article 45 of the code of 1860 (relative to the wife's separate property
and Its not being liable for the husband's debts, to conveyances from hus-
band to wife and to the husband's interest in his wife's property, upon her
death Intestate), discussed. Unger v. Price, 9 Md. 558. See also, Bridges v.
McKenna, 14 Md. 265.

Object of section 3, article 45 of the code of 1860 (doing away with the
necessity of a married woman's having a trustee). A conflict of laws growing
out of, the residence of the husband and wife in another state, discussed.
Smith v. McAtee, 27 Md. 436.

For a case involving the execution of a use, as applicable to married women
and their trustees when the latter were required, see Ware v Richardson, 3
Md. 506.

Ibid. sec. 4. 1898, ch. 457, sec. 4.

4. Married women shall hold all their property of every description
for their separate use, as fully as if they were unmarried, and shall
have all the power to dispose of by deed, mortgage, lease, will or any
other instruments that husbands have to dispose of their property, and
no more provided, that no disposition of her real or personal property,
or any portion thereof, by deed, mortgage, bill of sale, or other con-
veyance, shall be valid if made by a married woman under eighteen
years of age, unless her husband shall unite therein.

Wife's separate estate.

Where a married woman, prior to the act of 1898, executed a note and
added to her signature words binding her separate estate, held that these
words did not create a specific lien so as to give the holder of the note a
priority in the distribution of the separate property. Western Bank v. Union
Bank, 91 Md. 621.

The acts of 1842, ch. 293, and 1853, ch. 245, did not invest a married woman
with a separate estate, so as to exclude the marital rights of the husband.
Six v. Shaner, 26 Md. 442. See also, Mutual Ins. Co. v. Deale, 18 Md. 47;
Bridges v. McKenna, 14 Md. 266; Logan v. McGill, 8 Md. 469; Brent v.
Taylor, 6 Md. 68.

For cases arising under article 45, sections 1 and 2 of the codes of 1860
and 1888 (relative to the wife's separate property and her power of disposi-
tion thereof, etc.), see Klecka v. Ziegler. 81 Md. 484; Griffin v. Blandin, 80
Md. 136; Frazee v. Frazee, 79 Md. 29; Wagoner v. Wagoner, 77 Md. 195;
Roane v. Hollingshead, 76 Md. 371 (involving the right of a married woman
to make a will and the revocation thereof); Wingert v. Gordon, 66 Md. 109;
Clark v. Wootton, 63 Md. 117; Armstrong v. Kerns, 61 Md. 366; Frostburg
Bldg. Assn. v. Hamill, 55 Md. 315; Frazier v. White, 49 Md. 7; Mason v.
Johnson, 47 Md. 357 (deciding that the husband's curtesy did not exist with