Jones v. Jones' Ex'or

Citations

• 96 Va. 749
• 32 S.E. 463
• 1899 Va. LEXIS 130

Syllabus

<p>1. Conveyance to Wipe and Heb Childben&emdash;Fee in Wife.&emdash;The conveyance to a trustee for the benefit of the wife and children in the case in judgment vests a fee simple estate in the wife.</p> <p>2. Sepabate Estates&emdash; Whether Equitable or Statutory.&emdash;Whether the separate estate of a married woman is equitable or statutory is to be determined from the terms of the instrument creating the settlement. If the instrument grants powers or imposes restrictions not granted or imposed by the statute, but which are yet consistent with the principles and rules of equity, the estate will be construed to be an equitable and not a statutory separate estate.</p> <p>3. Cubtesy in Equitable Sepabate Estate op Wipe.&emdash;A husband is not entitled to curtesy in an equitable separate estate of the wife, created by him, although all the common law requisites for curtesy exist. He is excluded by the nature of the transaction.</p>