Fritz v. Fernandez

Citations

• 45 Fla. 318

Syllabus

<p>'1. Where a married woman owns separate-statutory property, and is permitted by her husband to manage and control such property, and it is apparent that the husband does not exercise- any coercive or improper influence over the wife in the disposition or management of such property, and the wife loans her money to the husband, or a co-partnership in which he is a member, for the purpose of conducting a business in which the wife clearly disclaims all Interest except that of creditor of the husband or firm, and where it is distinctly understood between husband and wife that she does sustain such relation, and the firm executes its notes to her or to a trustee fcr her, for. the money loaned by her, and the wife dies, leaving a will and executor therein named, and after her death the notes are delivered to the executor by the bank in which the wife had deposited them, on a bill filed by the executor claiming the business and property, in which the wife's money had been invested, as her business and her property, and praying that it be decreed to be her business and property, the prayer of such a bill should not be granted, and a decree made to that effect is erroneous.</p> <p>2. While a wife and husband can not at common law make valid contracts with each other, and cannot contract with each’other at law in any other manner than is-permitted by the statute law, yet in equity she may become his creditor, or the creditor of a firm cf which he is a member, and equity will enforce her rights growing out cf such relation.</p> <p>S. Courts of equity recognize the right cf a married woman to make gifts to her husband, and will sustain such gifts when the circumstances show that -there has been no fraud, imposition, oppression, or undue influence practiced upon the wife — no advantage taken of her in obtaining them — and the gifts are such as under the circumstances are fair and reasonable.</p> <p>4. In order to constitute a valid gift from the wife to the husband, the tran