Dollner, Potter & Co. v. Snow

Citations

• 16 Fla. 86

Syllabus

<p>1. Tlie wife’s sepwate estate is an equitable estate where the legal title is vested in some other person for her benefit, and the trustee is a necessary party to a suit seeking to charge such estate.</p> <p>% In-such case the complaint must set up the nature of the trust, and show that such a charge is consistent with and conformable to the law of the trust as disclosed by the deed or settlement which created it.</p> <p>8. Neither the Constitution nor the Laws of this State restrict the power of the wife to become the beneficial object of such a grant. Her power to acquire such separate estate is in no way restricted.</p> <p>4. At common law, the promissory note of a married woman is void. The Constitution and Statute of this State make no change in this respect. Neither at law nor in equity can she bind herself so as to authorize a personal judgment against her.</p> <p>5. There are material differences between the equitable “ separate estate” of the wife and the “ statutory separate property ” of the wife. A complaint or bill seeking to change either should disclose which class of property is sought to be affected.</p>