Patton v. Merchants' Bank of Charleston

Citations

• 12 W. Va. 587
• 1878 W. Va. LEXIS 41

Syllabus

<p>1. A married woman is regarded by a court of equity, as the owner of her separate estate; and as a general rule, the jus dispo-nendi is an incident to such estate; that is, it is an incident thereto, unless and except so far as it is denied or restrained by the instrument creating the estate.</p> <p>2. But it is subject to such limitations and restrictions as may be contained in such instrument, which may give it sub modo only, or withhold it altogether.</p> <p>3. In regard to separate personal estate, and the rents and profits of separate real estate, this power of disposition, if it be unrestrained, may be exercised in the same way, by deed, will, or otherwise, as if the woman were a feme sole. But in regard to the corpus of real estate, it can be disposed of only in such . mode, if any, as maybe prescribed by the instrument creating the estate; or unless prohibited by such instrument, in the mode prescribed by law.</p> <p>4. As incident to the jus disponendi of her separate personal estate, and the rents and profits of her separate real estate, if not restrained by the instrument creating the separate estate, a feme covert may charge her separate estate with the payment of her debts. She may charge it as principal or surety for her own benefit or that of another. She may appropriate it to the payment of her husband’s debts. She may even give it to him if she pleases, no improper influence being used or exerted over her.</p>