Equity To A Settlement

The right of a wife, in an action by her husband to reduce to his possession an equitable estate falling to her, to have the court inquire into the circumstances of the marriage, the marriage settlement, and the relation of the parties, and require part of the estate in controversy to be settled on her. Haynes, Eq. 114; White & T. Lead. Gas. 381.

The equitable right of a wife, when her husband sues in equity for the reduction of her equitable estate to his own possession, to have the whole or a portion of such estate settled upon herself and her children. Also a similar right now recognized by the equity courts as directly to be asserted against the husband. Also called the "wife's equity." Toindexter v. Jeffries, 15 Grat. (Va.) Rb3; Clarke v. McCreary, 12 Smedes & M. (Miss.) 354. Equity delights to do justice, and that not by halves. Tallman v. Varick, 5 Barb. (N. Y.) 277, 280; Story, Eq. PL § 72. Equity follows the law. Talb. 52. Equity adopts and follows the rules of law in all cases t5o which those rules may, in terms, be applicable. Equity, in dealing with cases of an equitable nature, adopts and follows the analogies furnished by the rules of law. A leading maxim of equity jurisprudence, which, however, is not of universal application, but liable to many exceptions. Story, Eq. Jut. § 64. Equity looks upon that as done which onght to haye been done. 1 Story, Eq. Jut. § 64p. Equity wlll treat the subject-matter, as to collateral consequences and incidents, in the same manner as lf the final acts contemplated by the parties had bcen executed exactly as they ought to have been; not as the parties might have executed them. Id. Equity suffers not a right without a remedy. 4 Bouv. Inst no. 3726.

Defined under Equity in Black's Law Dictionary.

The equitable right of a wife, when her husband sues in equity for the reduction of her equitable estate to his own possession, to have the whole or a portion of such estate settled upon herself and her children. Also a similar right now recognized ‘by the equity courts as directly to be asserted against the husband. Also called the “ wife’s equity.”