Brame v. McGee
Supreme Court of Alabama
Appeal from Chancery Court of Greene. Heard before Hon. A. W. Dillar». In 1860 one of the appellees, Mrs. McGee, then a Miss Mason, in contemplation of marriage with James McGee, joined with him in a deed by which they conveyed her estate, real and personal, to appellee, Foster M. Kirksey, to hold the same in trust for the sole and separate use of Mrs. McGee after the* marriage, which, as the bill of complaint states, took place on the day after said deed was made, without…
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Appeal from Chancery Court of Greene. Heard before Hon. A. W. Dillar». In 1860 one of the appellees, Mrs. McGee, then a Miss Mason, in contemplation of marriage with James McGee, joined with him in a deed by which they conveyed her estate, real and personal, to appellee, Foster M. Kirksey, to hold the same in trust for the sole and separate use of Mrs. McGee after the* marriage, which, as the bill of complaint states, took place on the day after said deed was made, without being subject, in any manner, to the debts of her intended husband, and that said trustee should permit her and her…
1Opinion of the CourtPeck, C. J.
— 1. I think it very clear, that the separate estate of Mrs. McGee in this property is not a statutory separate estate. The husband has none of the rights and privileges to which a husband is entitled, when the wife has what is called a separate estate under the Revised Code, or the statutes on this subject in existence at the time said Code was made. — Cowles et ux. v. Morgan, 34 Ala. 535. Her separate estate is created by the said ante-nuptial deed, and her rights and liabilities depend upon, and must be determined by it; in other words, it is a common law separate estate, and consequently…
2Cases cited5 opinions
- Gunter v. WilliamsSupreme Court of Alabama · 1867
- Cowles v. MorganSupreme Court of Alabama · 1859
- Bradford v. Greenway, Henry & SmithSupreme Court of Alabama · 1850
- Collins v. RudolphSupreme Court of Alabama · 1851
- Forrest v. RobinsonSupreme Court of Alabama · 1836
3Cited by2 opinions
- Kelly v. TurnerSupreme Court of Alabama · 1883
- Braune v. McGeeSupreme Court of Alabama · 1874