McChesney v. Brown's heirs
Supreme Court of Virginia
By deed bearing date the 21st day of July 1856, and duly recorded in the clerk’s office of the County court of Augusta county, Samuel B. Brown, in consideration that his wife, Mary Ann Brown, united with him in conveying a valuable real estate of her own and her dower in his real estate, .conveyed to Thomas J. Michie and William H. Harman, a tract of two hundred acres of land in said county, upon trust that the said trustees should permit the said Mary Ann Brown and her…
Read the full summary
By deed bearing date the 21st day of July 1856, and duly recorded in the clerk’s office of the County court of Augusta county, Samuel B. Brown, in consideration that his wife, Mary Ann Brown, united with him in conveying a valuable real estate of her own and her dower in his real estate, .conveyed to Thomas J. Michie and William H. Harman, a tract of two hundred acres of land in said county, upon trust that the said trustees should permit the said Mary Ann Brown and her assigns to occupy, use and enjoy the said land, for her sole and separate use, free from the control of her said husband or…
1Opinion of the Court
Moncure, P.,
delivered the opinion of the court.
The court is of opinion that the following may be laid down as sound and well settled principles of law, and are applicable to this case, viz:
1st. A married woman is regarded by a. court of equity, as the owner of her separate estate; and, as a general rule, the jus disponendi is an incident to such estate; that is, it is an incident thereto, unless, and ’except so tar as it is denied or restrained by the instrument creating the estate.
2d. But it is subject to such limitations and restrictions as may be contained in such instrument; which may…
2Cited by22 opinions
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Bank of Greensboro' v. ChambersSupreme Court of Virginia · 1878
- Justice v. EnglishSupreme Court of Virginia · 1878
- Freeman v. EachoSupreme Court of Virginia · 1884
- Patton v. Merchants' Bank of CharlestonWest Virginia Supreme Court · 1878
17 more not listed; retrieve them via the Exa API.