Cooke v. Husbands
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore city. By his will, executed in 1833, William Mann devised to certain trustees all his real estate, in trust, for the following purposes, viz: “In trust that they, the said” trustees, “their heirs and assigns, do and shall pay one-half of the rents, issues and profits arising therefrom, unto such person or persons only, and for such intents and purposes only, as my said niece, Eurydice, by any writing or writings, under her hand and…
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Appeal from the Circuit Court for Baltimore city. By his will, executed in 1833, William Mann devised to certain trustees all his real estate, in trust, for the following purposes, viz: “In trust that they, the said” trustees, “their heirs and assigns, do and shall pay one-half of the rents, issues and profits arising therefrom, unto such person or persons only, and for such intents and purposes only, as my said niece, Eurydice, by any writing or writings, under her hand and seal, from, time to twie, shall direct or appoint, notwithstanding any coverture she may be under, and in default of…
1Opinion of the CourtTuck, J.
As we understand the English cases, the doctrine was established before the American Revolution, that in equity a married woman is tobe treated as a feme sole, in respect to her separate property; and that she may dispose of it, unless restrained by the instrument creating the estate. There is to be found some diversity among’the cases since that time, and, especially, as to what amounts to restraint upon alienation. In this country the decisions have not been uniform, some following the English doctrine, and others denying to the wife any power over the subject not authorised by the deed.
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2Cases cited14 opinions
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1817
- Thomas v. FolwellSupreme Court of Pennsylvania · 1836
- Campbell v. LoweCourt of Appeals of Maryland · 1856
- Miller v. WilliamsonCourt of Appeals of Maryland · 1853
- Cassilly v. MeyerCourt of Appeals of Maryland · 1853
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3Cited by45 opinions
- Benson v. MarkoeSupreme Court of Minnesota · 1887
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Kolker v. GornCourt of Appeals of Maryland · 1949
- Boulden v. WoodCourt of Appeals of Maryland · 1903
- Gross v. StoneCourt of Appeals of Maryland · 1938
40 more not listed; retrieve them via the Exa API.