This section of the book is from the "Canadian Banking Practice" book, by John T. P. Knight.
Question 265.— Does a married woman who has a separate estate render that estate liable when she signs a note with her husband, or has she to sign another paper showing she intended to make her separate estate liable by her signature? (2) Does a married woman's name with that of her husband to a joint note, secure her dower to the bank discounting the note?
Answer.— (1) We are advised that no special declaration on the part of a married woman, that she intends to bind her separate estate, is necessary to make her undertaking binding thereon. If she has, as a matter of fact, separate estate at the time she signs a note, then her signature, either with her husband or in any other connection, binds it. (2) The legal question affecting separate estate of married women and their dower rights in their husbands' lands, are among the most intricate and difficult, and upon them judges and lawyers are constantly differing. We find ourselves unable, therefore, to give a satisfactory reply to this query. It would probably be held that an inchoate right to dower in her husband's lands would not be separate estate sufficient to make the promise of a married woman enforcible if she had nothing else The above refers only to the law in the Province of Ontario.