Wallace v. Coston
Supreme Court of Pennsylvania
ERROR to the district court of Allegheny county. William Wallace against Zera Coston and Jane, his Wife. The wife of the defendant, previously to her marriage, was seized in fee of a ground rent, in the city of Pittsburgh, of 156 dollars per annum, and conveyed it to Nathaniel Holmes, “ In trust, that the said Nathaniel and his heirs shall receive the rents which shall accrue out of the premises, and shall, during the lifetime of the said Jane, pay over the same to her or to…
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ERROR to the district court of Allegheny county. William Wallace against Zera Coston and Jane, his Wife. The wife of the defendant, previously to her marriage, was seized in fee of a ground rent, in the city of Pittsburgh, of 156 dollars per annum, and conveyed it to Nathaniel Holmes, “ In trust, that the said Nathaniel and his heirs shall receive the rents which shall accrue out of the premises, and shall, during the lifetime of the said Jane, pay over the same to her or to her agent, for her sole and separate use, without being subject to the appropriation, control or interference of any…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
This case is not distinguishable from Lancaster v. Dolan, 1 Rawle 247; since recognized in Thomas v. Folwell, 2 Whart. 11; and in Dorrance v. Scott, 3 Whart. 309. A feme covert, in respect to her separate estate, is deemed 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. In the antenuptial settlement there is no trace of any authority given to thé wife, by which she is enabled to charge her separate estate for the debts of her husband or any…
2Cases cited3 opinions
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Dorrance v. ScottSupreme Court of Pennsylvania · 1838
- Thomas v. FolwellSupreme Court of Pennsylvania · 1836
3Cited by7 opinions
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Whitesides v. CannonSupreme Court of Missouri · 1856
- Kantrowitz v. PratherIndiana Supreme Court · 1869
- Smith v. StarrSupreme Court of Pennsylvania · 1838
- Twining's AppealSupreme Court of Pennsylvania · 1881
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