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5 D.C. 306

Markoe v. Maxcy

Decided March 15, 1837

These were bills in equity by husband and wife against trustees ; stating, that before marriage, the wife conveyed certain .personal property to the defendants in trust for the sole and separate use of the wife. That she is desirous to settle it all on her husband, and has requested the trustees to convey it to him accordingly, but they refuse because they have not the power, under the trust, to do so.

Decided 1837-03-15

¶1The Court

(Thruston, J.,

¶2absent,) was of opinion that the wives had no power to convey but by last will and testament, or by an instrument m the nature of a last will and testament, as provided for in the deed of trust; and that the Court could not enable them to do so.

¶3See 2 Kent’s Com. 163, 165, 166, 170, and the cases by him cited. Lowry and Wife v. Tiernan and Williamson, 2 Har. & Gill, 34-40; Methodist Episcopal Church v. Jacques, 3 Johns. Ch. Rep. 90, 102, 103 to 113; and Ewing v. Smith, 3 Desausure, 417. See, also, Sperling v. Rochfort, 8 Ves. 170; Chesslyn v. Smith, 8 Id. 183; Frederic v. Hartwell, 1 Cox, 193; Burford v. Street, 16 Ves. 135; Pybus v. Smith, 3 Bro. C. C. 346; Newman v. Carlony, 3 Id. 346, note; Socket v. Wray, 4 Id. 483; Anderson v. Dawson, 15 Ves. 536; Richards v. Chambers, 10 Id. 580; Reid v. Shergoold, 10 Id. 370; Lee v. Muggeridge, 1 Vesey & Beames, 118; Fettiplace v. Gorges, 1 Ves. Jun. 46; S. C. 3 Bro. C. C. 8; Rich v. Cockell, 9 Ves. 369; Fenner v. Taylor, 1 Simons, 169; Methodist Episcopal Church v. Jacques, 1 Johns. Ch. Rep. 450; same case, 3 Id. 77; Lancaster v. Dolan, 1 Rawle, *308231, 248; Acton v. White, 1 Simons & Stuart, 429; Ritchie v. Broadbent, 2 Jac. & Walk. 456, and the case of Gullan v. Trimbey, in a note; Howard v. Damiani, 2 Id. 458; Ball v. Montgomery, 2 Ves. 199; Rich v. Cockell, 9 Id. 369; West v. West, 3 Rand. 373; Emery v. Neighbor, 2 Halsted, 142.

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