Musson v. Trigg

Citations

• 51 Miss. 172

Syllabus

<p>1. Husband and Wife : Bquitable estates.</p> <p>If an. estate is vested in a trustee in trust for the wife, such a conveyance creates in the wife an equitable estate, and confers upon her power to deal with it as a feme sole. Such estates can be rendered liable for the payment of debts by the separate act of the wife. They exist in trust and have grown up with equity jurisprudence, and are not recognized by courts of law.</p> <p>2. Same: Power of married women over them.</p> <p>The power of a married woman over her equitable estate is measured by the instrument creating the estate. The married woman’s law of 1857 does not apply to such estates, and the class of contracts which that statute enables her to make is not the criterion of her capacity to bind her. equitable estates.</p> <p>3. Same : Ma/rried woman's law of 1857.</p> <p>The statutes which secure separate estates to married women, do not inter fere with, abolish or abridge the equitable estates which exist in trust and arise out of settlements by deed or devise.</p> <p>4. Oase in judgment.</p> <p>T. and Mrs. W., in contemplation of marriage, entered into an antenuptial contract, by which, neither were to have any control or management, or intermeddle with the property oí the other. Both owned large estates. In pursuance of this agreement, Mrs. W. conveyed to Abner Gaines, in trust, all of her property, upon the condition that she should “keep, use and enjoy the same to her sole and separate use, or to the use of such persons as she by writing or by last will may appoint.” Mrs. T. then, after her marriage, paid a large debt for her husband. In consideration thereof, and to secure the same, T. conveyed upon like trusts to G., her trustee, a plantation. Afterwards, Mrs. T., in conducting her planting interests, became involved. She died, leaving a will which provided that all her just debts should first be paid, etc. A bill was filed to subject the property conveyed by T. to her trustee, to the payment of t