Rea v. Rea

The transaction in this case was a gift, which excludes the idea of any contract between the husband and wife, and for this reason there is no law forbidding it, in substance or in form. If it had been an executed contract of sale, I think, in that form, it also would have been valid; and in neither case does Revisal, see. 2107, apply. The law in regard to a married woman’s dealings with reference to her separate property, up to its present stage of development, I think, may be stated thus:

1. She may will her property without the consent of her husband, and as if she were a feme sole (Const.,…