A Treatise on the Law and Practice, Vol. 2 of 2
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| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from A Treatise on the Law and Practice, Vol. 2 of 2: Related to Vendors and Purchasers of Real Estate Any assurance of a married woman´s interest in real estate, executed under a power of attorney, seems to be inoperative (f). Where a deed is executed by attorney, the attorney executes in the name of his principal: the fact being noticed in the attestation. So also, apparently, in the case of the execution of a deed by the committee of a lunatic, on his behalf (g). Where, on the sale of freeholds, a married woman joins in respect of her estate or interest not settled to her separate appointment or use, her acknowledgment of the deed under the 3 & 4 Will. IV. c. 74, is an essential part of the conveyance (h): so, where, being entitled to the proceeds of real estate devised in trust for sale, she joins in conveying this estate to the trustee (i); such concurrence being for the purpose of obviating some possible objection to the validity of the sale itself; and not merely to supply the want of a power in the trustee to give a sufficient discharge for the purchase-money: and the purchase-money should not be paid until such acknowledgment be perfected. So, a lease by husband and wife, seised in fee in right of the wife, should be acknowledged by her; but slight circumstances may constitute an adoption of it by the wife surviving her husband (k). We have already seen that a married woman, who is not restrained from anticipation, has in Equity, in respect of her separate estate, the same power of disposition as if she were a feme sole (l).But it is only very recently that the limits of the doctrine of the wife´s separate estate, as regards her power of dealing with it during coverture, have been precisely defined. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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