Derry v. Derry

<p>Marriage. — Valuable Consideration. — Contract.—Married Woman. — Marriage is a valuable consideration, and a married woman is regarded as a purchaser for a valuable consideration of all property which accrues toiler by virtue of the marriage or any valid antenuptial agreement.</p> <p>Trusts. — Lands Bought by Wife. — ILusband as Trustee. — Purchaser for Valuable Consideration Without Notice. — Where a wife bought land and paid for it with money of her own separate estate, and, either by agreement at the time, or without her knowledge or. consent, it was conveyed toller husband, and held by him, and she made lasting and valuable improvements on it, and paid for them with her separate money, the husband held the land as trustee for her; but such trust could not defeat the title of a purchaser for a valuable consideration and without notice of the trust.</p> <p>Same. — Second Wife. — Title by Descent. — Where, in such case, the husband' survives the wife, and marries again, holding such trust land, his second wife, on his death intestate, takes by descent, and not by purchase, and is bound by such trust, whether she had notice of it or not.</p> <p>Same. — Widow.—Descent.—Under our statutes, where a wife takes an interest in the lands of her deceased husband by descent, she is not within section 2 of the statute, 1 R. S. 1876, p. 915, which declares that no trust concerning lands shall defeat the title of a purchaser for a valuable consideration, without notice of the trust.</p> <p>Same. — Second Wife. — Survivorship.—Child of Marriage. — Survivorship and a child of the marriage are required to entitle a second wife to a fee simple in the lands of her husband.</p> <p>Partition. — Answer.—Demurrer.—In an action by a second wife for partition of land of her deceased husband, answers by the children and grandchildren of the deceased and his first wife, that she bought and paid for the land, and that her husband held it in trust for her, are sufficient on demurrer.</p> <p>Same. — Widow’s Mights. — The law in force at the death of the husband is the measure of the widow’s rights.</p>