Williams v. Hugunin

Citations

• 69 Ill. 214

Syllabus

<p>1. Married woman—on what contracts is her separate estate liable. To render the separate estate of a married woman liable in this State, the debt must have been contracted by her in reference to it, or for her own benefit on the credit of her separate property, or by some appropriate instrument executed by her with a view to make the debt a specific charge upon it. A general engagement to pay a debt, contracted by a single bill or note, having no reference to her separate property, will create no such charge upon it as can be enforced in a court of equitj'-.</p> <p>2. Where the husband executed his promissory note to his creditor, and his wife indorsed the same, in payment of his individual indebtedness, and it was silent as to the separate estate of the wife, or of any intention to make its payment a charge upon such separate estate, it-was held, that it could not be construed into a contract to pay it out of her estate, and that it could not be enforced against her estate in a court of equity.</p> <p>3. Same—act of 1861 has not conferred, the right to contract generally. Under the Married Woman’s act of 1861, the common law disability ot a feme covert to contract is not changed, except so far as the power to con-' tract is a necessary incident to the right to hold and enjoy her separate property, and her capacity to make contracts respecting her separate property is an implication of law, and not of equity, and consequently all contracts made by her within the scope of that legal capacity, are legal contracts and cognizable in the courts of law.</p> <p>4. Same—doctrine of the English cases making her contracts an equitable cha/rge, not applicable in this State. The separate estates of femes covert, under our laws, not being the creatures of equity, but being legal estates, the reasons upon which the doctrine of the English cases subjecting the separate estates of married women to the payment of debts contracted by them, are not applicable in this State.</p>