as her separate property is concerned, and permits her to stand alone and exercise her own judgment."

Conveyance by a Husband Direct to Wife.-After the passage of these married women's property acts, it was a question in doubt as to whether a wife could convey direct to her husband if made bona fide and without seeking to defraud creditors. The matter is now settled that she can. Although it was necessary for the legislature to pass an act (Act of June 3, 1911, P. L. 631) so declaring in order to overrule the recent case of Alexander v. Shallala (228 Pa. 297), which had held she could not. The Act of 1911 provides "That it shall be lawful for a married woman to make conveyances of real estate to her husband as if she were a feme sole" and also that "all conveyances of real estate heretofore made by any married woman to her husband, which had been duly signed, acknowledged and delivered by her are hereby validated and made good in law." The Superior Court, however, in a recent decision has declared the last clause of this act to be inoperative, on the ground, that the attempt of the legislature to validate deeds made by married women direct to the husband before the passage of the act, disturbed vested titles and was, therefore, unconstitutional (Buchanan v. Corson, Opin. filed Oct. 14, 1912, will probably be reported in 52 Pa. Super.). This decision only renders the last clause of the act ineffective, the first clause permitting such conveyances in the future, still stands.

While the right of a wife to convey to her husband direct had been a vexed question until settled as above, it had been long settled on the other hand that a husband might not only convey directly to his wife for a valuable consideration but he might also convey to her as a gift when not prejudicial to his creditors (Reagle v. Reagle, 179 Pa. 89; Mitchell v. Phillips, 236 Pa. 311). It has always been considered the better practice in either case to have the married person convey to a third party who in turn conveys to the husband or wife.

35. Feme Sole Traders.

A feme sole trader is a married woman authorized by statute under certain conditions to carry on business and trade as though she were sole or unmarried. In Pennsylvania, the Act of May 4, 1855, P. L. 430, sec. 2, provides "that whenever her husband from drunkenness, profligacy or other cause shall neglect or refuse to provide for her or shall desert her,......and her prop

erty real and personal howsoever acquired, shall be subject to her free and absolute disposal during her life or by will, without any liability to be interfered with or obtained by her husband, and in case of her intestacy shall go to her next of kin as if he were previously dead." For some time there was considerable doubt as to whether this act gave a feme sole trader the right to convey a clear title without joinder of her husband, but it has now been settled that she can (Elsey v. McDaniel, 95 Pa. 472; Simons' Estate, 20 Superior Ct. 450). Not only can she make a deed as though unmarried, but she can also mortgage (Heddens' Appeal, 17 Atlan. Rep. 29) her property without joinder of her husband. It is not necessary for her to be actually declared by decree of court to be a feme sole trader but the better practice and safer plan is to have her so decreed and then to recite that fact in the deed of conveyance (Ellison v. Andersen, 110 Pa. 486). If never declared a feme sole trader, the facts that bring her within the provisions of the Act of May 4, 1855, should be recited in the instrument of conveyance, although failure to do so will not invalidate the instrument (Forman v. Hosler, 94 Pa. 418).

36. Fiduciaries.

By a fiduciary we mean one who occupies a relation of trust and confidence with another. The fiduciaries which we will briefly consider are: Trustee, Executor, Administrator and Guardian (Pennsylvania Conveyancing, by Christopher Fallon, 91). Mr. Fallon, in his very complete book on conveyancing, says: "Generally speaking, trustees, including guardians, executors and assignees, have no power to sell or convey land unless authorized and empowered by the instrument of appointment or under the direction of the court having jurisdiction over the trust." If there is more than one trustee or guardian all must join in the deed. Where the instrument which creates the trust defines and prescribes any manner in which it is to be executed that method must be strictly followed. Before accepting a deed from a fiduciary a purchaser must, at his peril, ascertain the extent of the trustee's power. As Fallon further says, "A deed simply to AB, trustee, without stating for whom or for what does not afford such an opportunity and is to be considered bad conveyancing." The Golden Rule to be followed is: Look to the instrument defining the powers of the trustee. In Bayard v. Farmers'

and Mechanics' Nat. Bank, 52 Pa. 237, the court said: "No purchaser either of land or personally would be safe in buying from a known trustee without looking at the nature and extent of his trust. It is true a trustee may have power to sell, but the power is not a necessary incident to his trust, as it is to the office of an executor. He may have the legal title yet no authority to sell. His sale may be entirely authorized by the instrument which created the trust; it may have been forbidden." In Pennsylvania, the Act of March 14, 1849, P. L. 164, authorizes executors, trustees, etc., to make either public or private sales where not specifically directed. If a public sale is directed, only a public sale can be made and a private one will carry no title (McCreery v. Hamlin, 7 Pa. 87).

On the ground of public policy executors and trustees cannot purchase at their own sale. But such a sale, if not avoided by the parties for whose benefit the trusts exist, may be made good by their ratification. If a trustee desires to buy or bid at his own sale he should make application to the court (Act May 22, 1878, P. L. 83).

An executor has no power or right over real estate unless the power be given him in the will, or unless the personal property is not sufficient to pay the decedent's debts, in which case the executor may make application to the orphans' court for leave to sell the decedent's real estate to pay debts. So also an administrator has no power or control over real estate unless the personal property is not sufficient to pay debts in which case he may, as in the case of the executor, petition the orphans' court for leave to sell the real estate. In either case the authority of the fiduciary selling or the decree of the court authorizing him to sell should be set forth in the deed (See form of Executor's Deed, Paragraph 232.)

SECTION II. ASSOCIATIONS OF INDIVIDUALS.

87. The Commonwealth or the State.

Turning now to associations of individuals that may acquire, hold and convey title we will consider, first, The State or Commonwealth; second, Corporations; third, Unincorporated Societies; fourth, Partners.

The Commonwealth, i. e., the State, may purchase, hold, sell, convey, lease and mortgage land like any person. It can gain title by adverse possession but cannot lose it in that way. The

Statutes of Limitations do not run against the Commonwealth and no one can gain title by adverse possession against it (Bagley v. Wallace, 16 S. & R. 245; Com. v. Baldwin, 1 Watts 54). The Commonwealth has the further power to take land for public purposes except as restricted by the Constitution, and to delegate this right to certain public corporations as provided by law. This power to take land from individuals against their wishes is called the right of eminent domain. The Constitution provides that just compensation must be made to the owners and the various states have prescribed methods laid down by law which must be carefully followed when the right is exercised.

38. Corporations.

Corporations have only such right to hold and alien land as is given them by the authority that creates them, i. e., the State. In Pennsylvania, the preamble of the Act of April 6, 1833 (P. L. 167), sets forth that "no corporation either of this state or of any other state though lawfully incorporated or constituted can in any case purchase lands within this State either in its corporate name or names of any person or persons whomsoever for its use, directly or indirectly, without incurring the forfeiture of said lands to this Commonwealth unless such purposes be sanctioned or authorized by an act of legislature." But while a corporation has not the power to purchase land except to the extent authorized by law, still as to such land as the law authorizes it to hold, it may alienate and dispose of it as fully and freely as an individual may do in respect to his own property (Ardisco v. N. A. Oil Co., 66 Pa. 375). Prior to the Constitution of 1874, each corporation was created by special act of assembly and its right to hold land was specified in the creating act. In 1874 the legislature passed a general corporation act which divided all corporations into two classes: Corporations for profit and corporations not for profit. The former are chartered by the Governor of the State and the latter by the courts. Both classes of corporations are authorized to hold, purchase and transfer such real estate as the purposes of the corporation require, not exceeding the amount limited by its charter or by law." Section 6 of Article XVI of the Constitution stipulates that a corporation shall not take or hold any real estate except such as is necessary and proper for its legitimate business.

The title to real estate conveyed to a corporation not authorized to hold it is defeasible only at the pleasure of the Commonwealth. The Commonwealth must commence the proceedings; not anyone who chooses to interfere (Pittsburg R. R. Co. v. Allegheny, 63 Pa. 127). If the Commonwealth fails to forfeit the land while held by the corporation, and thereafter the corporation transfers the land to an individual, the individual takes a good indefeasible title (Act of June 15, 1897, P. L. 164). Thus, while a corporation may not hold title it can nevertheless pass a good title to a purchaser if done before forfeiture proceedings are commenced.

39. Foreign Corporations.

By foreign corporations are meant such as are chartered in another State, e. g., a corporation chartered under the laws of New Jersey would be a foreign corporation in Pennsylvania. Foreign corporations have no rights outside of the jurisdiction which created them except such as may be given them by the sovereignty in whose domains they seek to carry on business (Van Steuben v. Central R. R. Co., 178 Pa. 367). In fact, a foreign corporation may be excluded from the jurisdiction of a state altogether. They are, however, usually admitted on terms, but they should comply strictly with the general law providing for the conduct of foreign corporations doing business in the state (See Act of June 8, 1911, P. L. 710, as to Registration Requirements of Foreign Corporations). In general, foreign corporations may hold no land in Pennsylvania. Such as they hold escheats, i. e., is forfeited to the state. Certain foreign corporations are excepted, however, and are allowed to hold a limited amount of land (100 acres) if necessary, for the purpose of their business. These corporations so excepted are foreign corporations engaged in the business of and formed for the purpose of the manufacture of any form of iron, steel, glass, lumber or wood, or for the conversion, dyeing and cleaning of cotton or velvet or other fabrics, of and for the manufacture of pyroligneous acids, acetate of lime and charcoal by the process of destructive distallation, or preparation of cattle hair for use, or for the manufacture of carbon dioxide and magnesia and the products thereof and compositions, articles and apparatus from and in connection therewith, or for the manufacture of extracts of wood, bark, leaves and roots, or any other extract for tanning, cleaning,