Twining's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1881, No. 28. In Equity. This was a bill in equity filed by Edward H. B. Twining against the Girard Life Insurance, Annuity and Trust Company of Philadelphia, Gordon Monges and Louisa A. Monges. The plaintiff was the son of Mrs. Louisa A. Monges by a former husband.
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Appeal from the decree of the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1881, No. 28. In Equity. This was a bill in equity filed by Edward H. B. Twining against the Girard Life Insurance, Annuity and Trust Company of Philadelphia, Gordon Monges and Louisa A. Monges. The plaintiff was the son of Mrs. Louisa A. Monges by a former husband. The bill set forth that by a certain indenture dated September 18th 1879, the defendants Gordon Monges and Louis A. Monges, his wife, granted, assigned and conveyed unto the Girard Life Insurance, Annuity and Trust Company of…
1Opinion of the CourtJustice Trunkey
*41A feme covert is deemed, in respect to her separate estate, a feme sole only to the extent of the power clearly given by the instrument by which the estate is settled, and has no right of disposition beyond it: Wallace v. Coston, 9 Watts 137. This principle is not set aside by the Act of 1848, relative to married women ; for the separate estate thereby created is a legal one, totally distinct from an equitable separate estate created by agreement or devise: Penna. Co. for Ins. on Lives v. Foster, 11 Casey 134. Prior to that act, a married woman could dispose of her personal estate to her…
2Cases cited1 opinion
- Wallace v. CostonSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Bowers' Trust EstateSupreme Court of Pennsylvania · 1942
- MacConnell v. LindsaySupreme Court of Pennsylvania · 1890
- Kelby EstatePennsylvania Orphans' Court, Philadelphia County · 1952