Cochran ex rel. Lewis v. McBeath

Citations

• 1 Del. Ch. 187

Syllabus

<p>By articles, executed before marriage, it was agreed that the intended wife should, after the marriage, hold to her sole and separate use, and subject to her disposal, certain real and personal estate to which she was previously entitled. No trustee for the wife was created in the contract. Held, nevertheless, that a court of equity will protect the wife against creditors ofthe husband, who were proceeding,under judgments against him at law, to take in execution the property so settled upon her.</p> <p>Under a marriage contract a separate estate may be created in the wife, without the intervention of trustees. And this is true both as to real / and personal estate, and whether the claim of the wife in the particular ■' case be against the husband, or against his creditors. With respect to personal estate, the appointment of a trustee for the separate use of the wife has never been deemed necessary ; and, upon the weight of authority, a trustee is not necessary to a separate use of real estate. The decisions on this point fully reviewed.</p> <p>Marriage is a valuable consideration to support a contract between husband and wife. In equity the form of the contract, so that it be in writing, is not material. Equity, on account of the consideration, will compel the execution of the contract; and, for that purpose, will hold the husband to be a trustee for the separate use of the wife during her life-time, of the rents and profits of her real estate, and of her goods and chattels, as also it will hold her heir at law to be a trustee to carry into effect any disposal of her real estate made by way of appointment under the marriage contract.</p> <p>There is no difference, with respect to the principles before stated, between devises to the separate use of the wife without trustees, and marriage articles without trustees,— except that the reason for protecting the rights of the wife under marriage articles is stronger than under a a devise, because under the former her ri