Burch v. Breckinridge
Court of Appeals of Kentucky
APPEAL FROM I-IBNDERSON CIRCUIT. On the 19th day of October, 1841, Alex. M. Burch conveyed to James K. Burch certain slaves and other property in trust for the benefit of his wife, Elizabeth M. Burch, during her life, with remainder to the children of said Alex. M. and Elizabeth M. Burch. The deed of trust was duly recorded in the county court clerk’s office of Fayette. All the property specified in the deed of trust belonged to Elizabeth M. Burch before the marriage.
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APPEAL FROM I-IBNDERSON CIRCUIT. On the 19th day of October, 1841, Alex. M. Burch conveyed to James K. Burch certain slaves and other property in trust for the benefit of his wife, Elizabeth M. Burch, during her life, with remainder to the children of said Alex. M. and Elizabeth M. Burch. The deed of trust was duly recorded in the county court clerk’s office of Fayette. All the property specified in the deed of trust belonged to Elizabeth M. Burch before the marriage. In 1848, by a decree of the Fayette circuit court, James P. Breckinridge was appointed trustee in the place of James K. Burch,…
1Opinion of the Court
Judge Simmon
delivered the opinion of the Court.
The act of 1796, subjecting estates held in trust to the payment of debts, has no application in a case of this kind. The deed vests in the wife a separate estate, which belongs to her, exclusive of her husband, and which in many respects is entirely dissimilar to other estates that are held in trust. (Sharp vs. Wickliffe, 3 Littell, 12.)
As a general rule, a married woman cannot, according to the common law, contract as a feme sole, nor as such sue or be sued. That being the legal rule, courts of equity acting in conformity with it, have held…
2Cases cited3 opinions
- Sharp v. WickliffeCourt of Appeals of Kentucky · 1823
- Jarman v. WilkersonCourt of Appeals of Kentucky · 1847
- Coleman v. Wooley'sCourt of Appeals of Kentucky · 1850
3Cited by3 opinions
- Jones v. CrosthwaiteSupreme Court of Iowa · 1864
- Patton v. KinsmanSupreme Court of Iowa · 1864
- Batchelder v. SargentSupreme Court of New Hampshire · 1867