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Page:United States Reports, Volume 2.djvu/207

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Svrtumu COURT OP Pmrgfy-Ivanins 2ot g tll. How far the cafe of Rippin o. Da·w.;'iu, is {haken by 1793. 2 Hadjilan ·v. Llsyd. 2 Brown. Cb. Ca. $44. l/wslj 2d. How far the dilference between a devife to children as in Rlppin v. Dwwdin, and a. devife to Nephevvs, Ste. as in - this cafe, may operate 1 Glu. (Ju. 247. 2 Br. C}:. 380. gd. Whether thefe articles can operate as a covenant to ltand feized to alias. 1 C:. Rep. 17 5. Powell or Pawm zro. 4th. Whether the articles are to be eonlidered as executory. 7 dbz!. 147. s gth. Whether the bare confent of the hulband, anterior is tbz marriage, can give the wife a power. But, in _7mmm-y 1793, THE Couar informed the counfrl, that upon eonlideration, they had removed their own doubts ; and did not, theretbre, delire a farther argument. They then proceeded to deliver their opinions. M*l{ean, Chief _7z_.y}ice:—'I`he queltion ariling on the cafe {lated for our opinion, is, whether afeme covert, feized of a real eltate in fee, can, in eonfequence of a power contained in articles, executed between the hutband and her before their marriage (the legal ellate not having been conveyed to trultees) give away fue;1 ellate by will, or any inltrument in nature of a. will, durin tre eoverture . ~ The artiges of the 2gth of _7um-, 1774, are therein called a deed tribartilr, and the name of fame: Wallace is introduc- ed into them asa party, along with Margaret Irwin and {Mat- ibeau fhwdetfu ; and they are executed by all three ; but no eltate is thereby conveyed to juan: IV.:}/a.·e, as a trultee, or · otherwife. Malware: Hémluyim, during her marriage with Matlberu [{8/ld€l?&}1, makes a difpolition by an inlirument, i11 nature gf ayvill, dated j'.wu.z»y 29th 1790, of all her eflate real an per onal. It is very clear, that at ferne covert, by virtue of an agree- ment between her and her hulband, before marriage, may dif- pofe of her pw;/ima! eltate by will, or teltament ; becaufe it is to take effeet during the life of the hulband ;l`or, if he furviv· ed l1er, he would be intitled to the whole, and, therefore, he a- lone could be atl`e&ed by it. 2 Vezey. 1g1. Pcacacl: and · MOIld‘• ` lt is alfo clear, that a married woman cannot devife her real ellatc. By the llatute of the 34 and gg, Hm. 8 fe. 1.4. it is exprefsly enacted, “ that wills made of any manors, lands, tc- nements, or other ll€l'C(lllEllClllS, by any woman covert, {hall 11ot be taken to be good or eliirftual in law." It is further agreed, that if the legal glare in the lands had hecn velted by the deed, or articles, in _7nmr.r ii<’lJZ‘lL`£', the ap- pointment by lllrqglirvt Ihmlezjbu, would be valid and good in equity : l"ur, thm tht: would gave had only a11.=gt.i.’.;.l.'. lnltrylt ·: a