Habit and Repute. - Formerly regarded as a marriage in Scotland, and now strong presumptive evidence of a marriage having taken place.
Minor (Legal Infant). - Persons of either sex under twenty-one years of age.
Child. - Under fourteen.
Common Law. - That particular portion of municipal law which was in former times administered exclusively by the common law tribunals, and which is still administered by them, but modified by equitable doctrines.
No particular form of words is necessary to create a separate use so long as an absolute intention appears to exclude the husband's marital right. The words generally used are "for her sole and separate use," and formerly it was usual in all cases of the kind to interpose trustees in whom the legal property vested; in the absence of trustees, the husband in whom the legal estate vests, will be deemed a trustee for the wife.
As to personalty and life estates, she may dispose of them in every respect as if she were single; the savings of income are also separate estate, and she is at liberty to dispose of them as over the capital. But if she dies without having exercised her power of disposition, the separate use falls off, and the property, if personalty, goes to the husband without his taking out letters of administration, and if realty, goes to her heir, subject to her husband's right of curtesy. And this is so whether the property was acquired by express limitation or by virtue of the Married Women's Property Act, but in each case subject to her debts where her separate estate would be liable were she still living.
In order to protect a married woman's 'separate estate against the undue influence of her husband and others, equity allowed her to be restrained from anticipating or disposing of it. It can only exist during coverture, but re-attaches on every subsequent marriage if apt words are used. No particular form of words is necessary to create a restraint provided the intention is clear; the words "not to be sold or mortgaged" have been held sufficient.
Of Legal Terms In This Section interest in an estate belonging to his wife of which a child is born to inherit.
Realty. - Real property such as relates to land, title deeds, and, generally speaking, is regarded as immovable.
Personalty. - Personal property, i.e., movable property and chattels, real, as distinguished from real estate, personal effects, money, etc.
Equity. - Law which has been built up in the course of time to right the hardship and injustice inflicted by the common law, which is reduced to hard and fast rules.
Restraint on Anticipation. - A restraint imposed by the Courts of Equity on married women for their own protection, and to prevent their husbands or other persons from alienating and squandering their property.