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separate estate

Defined in 5 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910)

Definitions from Case Law

From 82 U.S. 471 - Prout v. Roby · 1872Most cited · 34 citing opinions

No particular phraseology is necessary to create the provision for a feme covert technically designated in the law as her separate estate. As in all other cases of instruments to be construed, the controlling test is the intent of the parties.

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

That which belongs to one only of several persons; as, the separate estate of a partner, which does not belong to the partnership. 2 Bouv. Inst, note 1519. The separate estate of a married woman is that which belongs to her, and over which her husband has no right in equity. It may consist of lands or chattels. 4 Barb. (N. Y.) 407; 1 Const. (S. C.) 452; 4 Bouv. Inst, note 3996.

Ballentine's Law Dictionary

James A. Ballentine · 1916

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

That which belongs to one only of several persons: as, the separate estate of a partner, which does not belong to the partnership. 2 Bouvier, Inst, n. 1519. The separate estate of a married woman is that which belongs to her and over which her husband has no right in equity. It may consist of lands or chattels. Firemen’s Ins. Co. of Albany v. Bay, 4 Barb. (N. Y.) 409. See Married Woman.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

The individual property of one of two persons who stand in a social or business relation, as distinguished from that which they own jointly or are jointly interested in. Thus, "separate estate," within the meaning of the bankrupt law, is that in which each partner is separately interested at the time of the bankruptcy. The term can only be applied to such property as belonged to one or more of the partners, to the exclusion of the rest. In re Lowe, 11 Nat. Bankr. Rep. 221, Fed. Cas. No. 8,564. The separate estate of a married woman is that which belongs to her, and over which her husbsnd has no right in equity. It may consist of lands or chattels. Williams v. King, 29 Fed. Cas. 1,369.

Defined under Separate in Black's Law Dictionary.