Finch v. Marks

Citations

• 76 Va. 207
• 1882 Va. LEXIS 20

Syllabus

<p>1. Mabbied Women—Separate estates.—Settled doctrine in this State is, that a married woman, as to her separate estate, has the samey'üs disponendi as is possessed by a feme sole over her property, unless her powers of alienation, are restricted by the instrument of settlement.</p> <p>2. Idem—Idem.—As an incident of thisyas disponendi, she may charge her property with the payment of her own debts, or those of her husband or of any other.</p> <p>3. Idem—Idem—Case here.—Heal estate is granted to trustee to hold same to the separate use of his wife during her life; to sell same* and reinvest proceeds as she in writing may direct; that she shall have right to dispose of it, or of any other exchanged for it, by will; but if she fails to do so, then trustee to hold it in trust for her children until the youngest is twenty-one yeas of age, when he shall convey it to them absolutely. Trustee made note to bank, in which wife united, and in deed of trust to C to secure it. 0 sold and conveyed the property under the trust deed to him to F. Afterwards the wife and her two children filed bill to annul the conveyance.</p> <p>Held :</p> <p>1. Neither trustee nor wife had power to dispose of the fee, except for purpose of reinvestment in other property, to be held on same trusts.</p> <p>2. But as to her life estate—subject to the rights of her appointees by her will, should she use her power of appointment, and to the rights of her children, should she not use that power—she has unrestricted power of disposition.</p> <p>3. The sale and conveyance by F is operative and valid so far as the life estate of the wife shall last; but inoperative and void so far as they affect the remainder in fee expectant on that life estate.</p>