Craine v. Edwards
Court of Appeals of Kentucky
Case 19 — PETITION EQUITY appeal prom barren circuit court. 1. A married woman can devise her separate estate. (Gen. Stats:, chap. 113, sec. 4; Bishop on Law of Married Women, vol. 1, p. 853; Mitchell, &c., v. Holder, &e., 8 Bush, 362; Parrott, &c., v. Kelly, &c., 79 Ky., 490.) 2. "Where property is secured to the wife hy deed from her husband, no particular form of words is necessary to create in her a separate estate, but the deed itself is effectual for that purpose.
Read the full summary
Case 19 — PETITION EQUITY appeal prom barren circuit court. 1. A married woman can devise her separate estate. (Gen. Stats:, chap. 113, sec. 4; Bishop on Law of Married Women, vol. 1, p. 853; Mitchell, &c., v. Holder, &e., 8 Bush, 362; Parrott, &c., v. Kelly, &c., 79 Ky., 490.) 2. "Where property is secured to the wife hy deed from her husband, no particular form of words is necessary to create in her a separate estate, but the deed itself is effectual for that purpose. (Bishop on Married Women, vol. 1, p. 838; Maraman’s Adm’r v. Maraman, 4, Met., 84; Deming v. Williams, 26 Conn., 226; Huber…
1Opinion of the CourtChief Justice Holt
Nathaniel Craine, by a deed general in its terms, conveyed to his wife, Cynthia A. Craine, a tract of land. *111She died testate in 1883, and he in 1889. The deed contains no expression looking to a separate estate in the wife. It was merely a deed of general warranty, and gave no power of alienation. The will of the wife provides that two of her daughters are to have the land. This is a contest over it between the devisees and her heirs.
After her death the husband executed a writing, by which he relinquished “ any and all interest in law or equity I have in and to the property, and to the…
2Cases cited4 opinions
- Turner v. ShawSupreme Court of Missouri · 1888
- McWilliams v. RamsaySupreme Court of Alabama · 1853
- Havens v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1857
- Mitchell v. HolderCourt of Appeals of Kentucky · 1871
3Cited by2 opinions
- Armstrong v. LettySupreme Court of Oklahoma · 1922
- Hankins v. Columbia Trust Co.Court of Appeals of Kentucky · 1911