out of doors, and parted with her, not making any provision for her, the defendant had put it in suit. The Court, being assisted with the Judges, was satisfied that the said recognizance was entered into the very day before marriage, without defeazance or the plaintiff's privity, and decreed the recognizance to be set aside.

And Lord Chancellor King, in giving his opinion in the case of Cotton v. King," put this case, "Suppose a woman, privately, before marriage, gives a bond, without any consideration, to a third person, for 1000l., and marries one who knows nothing of this bond, surely equity would relieve against such bond, and, though, in case of a provision for younger children, there is the consideration of blood and natural affection, yet all these deeds, as against a purchaser, would be fraudulent and void."

w 2 P. Wms. 360,

APPENDIX.

No. I.

Clause in a Deed or Will, limiting Personol Property to the separate Use of a married Woman.

to A. B. and C. D. their executors, administrators, and assigns, the sum of l. in trust, to receive the interest thereof, during the joint lives of G. H. and E. F. his wife, and to pay the same to the said E. F. and her asssigns, notwithstanding her coverture for her sole and separate use, from time to time, during the joint lives of the said G. H. and E. F. his wife (a), so that the said E. F. shall not sell, mortgage, charge, or otherwise dispose of the same in the way of anticipation. (b) And if the said E. F. should survive the said G. H. her said husband, then upon trust to pay the said principal sum of - 1. to the said E. F. her executors, administrators, or assigns; but in case the said E. F. should die in the lifetime of the said G. H. her husband, then in trust after the decease of the said E. F. to assign and transfer the said sum of- 1. to such person or persons, and in such shares, and subject, as the said E. F., notwithstanding her coverture, by her last will and testament in writing, or by any writing in the nature of, or purporting to be her last will and testament, should limit or appoint (c), and in default thereof, upon trust

(a) If the clause were to stop here, E. F. (the wife) would have the power, by virtue of the words, "sole and separate use," of disposing of the entire of her life-interest in this money, by what is termed a sweeping appointment," notwithstanding the direction that the payment shall be "from time to time." See Book III. Chap. VIII.

(b) As to the effect of this sentence, see pp. 329, 330.

(c) The object and operation of this clause is, to prevent the wife from disposing of the principal sum, while she is subject to the influence

to pay, transfer, and assign the same to the next of kin (d) of the said E. F., their executors, administrators, and assigns, according to the statute for the distribution of the effects of persons dying intestate.

No. II.

Clause in a Deed or Will, limiting Real Estate to the separate Use of a married Woman.

to A. B. and C. D. (the trustees,) and their heirs, during the joint lives of E. F. and G. H. her husband, upon trust to pay the rents, issues, and profits thereof to the said E. F., or to such person or persons, as she, by writing, should direct to receive the same, during the joint lives of the said E. F. and G. H. for her sole and separate use, so that the said E. F. shall not sell, mortgage, charge, or otherwise dispose of the same in the way of anticipation. And from and immediately after the decease of the said G. H. her husband, in case the said E. F. should survive him, then to the said E. F., her heirs and assigns for ever; but in case the said E. F. should die in the lifetime of the said G. H., then to the use of such persons, for such estates and charges, as the said E. F. by her ast will and testament in writing, or by any writing in the nature of, or purporting to be her last will and testament, executed in the presence of three witnesses, should direct, limit, or appoint.

of her husband, by an instrument which would take effect during het life; she is therefore restricted to a disposition by will, by which alone she can convey it, if she die during her coverture. But, if she survive her husband, being then freed from the marital authority, it is given to her absolutely. See Book III. Chap. VI. pp. 306, 307.

(d) This ultimate limitation to the next of kin of the wife, in the event of her dying in the lifetime of her husband, is introduced for the purpose of excluding him from any share in this money, if she should not bequeath it to him; for the husband is now held not to be the next of kin of his wife. See Book III Chap. VI. pp. 305, 306. See also Watt v. Watt, 3 Ves. 244. Garrick v. Lord Camden, 14 Ves. 372. Bailey r Wright, 18 Ves. 49. 1 Swanston, 39. 1 Wils. C. C. 168.

APPENDIX.

and in default thereof, then to the use of L. M., his heirs and assigns for ever. (e)

No. III.

An Order that a Commission should issue, to take the Consent of a married Woman to waive her Equity.

Upon motion this day made unto this Court by Mr. being of counsel for the it was alleged [here state the partculars of the case.] It is therefore ordered, that the said S. H., the wife of the said L. H., do attend before A. B., C D., and E. F. Esquires (f), or any two of them, to be solely and secretly examined by them, separate and apart from her ad husband, how and in what manner and to what uses she is willing and desirous that the said sum of money may be paid and applied; and the said A. B., C. D., and E. F., or any two of them, who shall take such examinations, are to take the same in writing, signed by the said S. H., and to certify the same in writing under their hands, and the signing of the said S. H. and such certificates are to be vertified by affidavit; and upon the return of such certificates, such further order shall be made as shall be just..

(e) The plan of this instrument is similar to that of the preceding one. The object is, to exclude the husband from all controul over this property during coverture, and even after his wife's death, unless she should think And to effect this purproper to devise it to him, according to her power.

pose, a life-estate is given to her in the rents and profits for her separate use, with a power to her to dispose of the capital of the estate by will, if she should die during the coverture; and if she should survive her husband, the whole estate is her's absolutely. And, as if it were limited to her heirs, in the event of her dying during coverture without having devised it, her husband, in such a case, would be tenant by the courtesy, it is upon the occurrence of that contingency, limited to a third person and his heirs, for the purpose of excluding the husband from such an interest.

(f) If the married woman reside in America, the order should be, that she should attend defore A. B., C. D.. E. F. and G. H., counsellors and attorneys, of, &c. &c. and L. M. and O. P., aldermen of the same, and that their certificate be verified by the seal of the province annexed thereto.

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