Trustees v. Bryson

Citations

• 34 S.C. 401
• 13 S.E. 619
• 1891 S.C. LEXIS 64

Syllabus

<p>1. Marital Rights — Wife’s Equity. — Under the law of this State prior to the changes effected by the constitution of 1868, the marital rights of the husband attached to the personal property of the wife so soon as he reduced it into his possession, but the wife’s choses in action were not regarded as property in his possession until ho collected them or reduced them to judgment; and if the husband invoked the aid of the Court of Equity to secure possession, ho might bo required to make a settlement on the wife, and therefore the court would sustain such a settlement voluntarily made as it would have ordered if applied to.</p> <p>2. Ibid.- — Ibid.—In 1862, a husband received his wife's inheritance in money from her father’s administrator, and acknowledged its receipt as his wife's “share of her father’s and mother’s estate, which I do here bind myself to return to her to dispose of as she sees proper to do, without interest.” Eeld, that this money never came into the possession of the husband as husband, and therefore his marital rights did not attach, but as trustee he received it as his wife's separate estate, and his subsequent conveyance to his wife of a tract of land, a small portion of his own estate, of less value than the amount so held by him for his wife, in payment of this debt, is valid in favor of the wife as against those who were creditors of the husband before he received the money, even though he afterwards proved to be insolvent.</p> <p>3. Ibid. — Ibid.—At common law a husband and wife could not generally contract with each other, but equity would sustain such a settlement of the wife's property as was here made.</p> <p>4. Registry — Settlements.—The marriage settlement act did not render a settlement void for want of registry, unless founded upon the consideration of marriage.</p> <p>5. Deed — -No Seal — Equity.—A paper based upon a valuable consideration, and in form a deed, except that the seal was omitted by accident, as clearly appears from