Gibson's Law Notes Volume 3

Gibson's Law Notes Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: his wife under the provisions of the Married T-Vonien's Property Act, 1882, by virtue of a settlement, or under the common law. The property of course will not in these cases pass to the trustee. For by sect. 152 of the Bankruptcy Act, 1883, nothing is to affect the provisions of the Married. Women's Property Act, 1882. But that Act contains a section which has an important bearing on this point. This is sect. 3, which enacts that any money or other estate lent by a married woman to her husband for the purpose of any trade or business carried on by him or otherwise, shall be treated as assets of the husband's estate in case of his bankruptcy: and the wife will have no resource but to prove for the money so lent, and even then is put in a position vastly inferior to the other creditors, for she is not entitled to a dividend until all the other creditors have been satisfied. A ain, the property may be in the possession of the bankrupt, and yet in reality belong to some one else by virtue of some settlement. Thus it may be the subject of a pre-nuptial settlement. In this case the trustee cannot take as against those entitled under the settlement. But suppose the settlement is a post-nuptial one; in this case it is nothing more or less than a voluntary one, and the bearing on the point of sect. 47 (which corresponds in most particulars with sect. 91 of the Act of 1869, except that it is not confined now to traders only) must now be considered. Sect. 47 provides as follows: " Any settlement of property (not being a settlement made before and in consideration of marriage, or made in favour of a purchaser or incumbrancer in good faith and for valuable consideration, or a settlement made on or for the wife or children of the...
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Product details

  • Paperback | 330 pages
  • 189 x 246 x 18mm | 590g
  • United States
  • English
  • black & white illustrations
  • 1236845234
  • 9781236845238