A Treatise on the Law of Domestic Relations: Embracing Husband and Wife, Parent and Child, Guardian and Ward, Infancy, Separation and Divorce (Google eBook)

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M. Bender, incorporated, 1921 - Domestic relations - 1344 pages
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Contents

Remaining Topics of the Domestic Relations Modern Changes
15
PART II
16
IS Marriage More Than a Civil Contract
17
Marriage Void and Voidable
19
Essentials of Marriage
20
Disqualification of Blood Consanguinity and Affinity
21
Disqualification of Civil Condition Race Color Social Rank Religion
24
Mental Capacity of Parties to a Marriage 86
25
Physical Capacity of Parties to Marriage Impotence etc
28
Disqualification of Infancy
29
Disqualification of Prior Marriage Undissolved Polygamy Bigamy
31
Same Subject Impediments Following Divorce
33
Force Fraud and Error in Marriage
34
Force Fraud and Error Subject Continued
38
Essential of Marriage Celebration
39
Same Subject Informal Celebration
40
Same Subject Informal Celebration
45
Same Subject Formal Celebration
48
Same Subject Formal Celebration
50
Consent of Parents and Guardians
52
Legalizing Defective Marriages Legislative Marriage
54
Restraints Upon Marriage i
55
CHAPTER II
57
Person of the Spouse CommonLaw Principal of Converture Baron and Feme
58
Duty of Spouses to Adhere or Live Together
59
Breach of this Obligation Desertion
60
Duty of Making Cohabitation Tolerable
61
The Matrimonial Domicile
62
Same Subject Husband Establishes the Domicile
63
42 Same Subject Modifications in Wifes Favor Recent Instances
64
43 Domicile Relative to Alien and Citizen J 44 Womans Name Changed by Marriage
66
45 Husbands Duty to Render Support
67
Criminal Liability for Failure to Support
69
Wifes Duty to Render Services
71
48 Right of Chastisement and Correction
72
49 Husbands Right of Gentle Restraint v T 50 Wifes Right to Submit to Surgical Operation
75
Regulation of Household Visitors etc
76
Custody of Children
77
THE SPOUSE AS A CRIMINAL 55 Coverture Affecting Private Wrongs and Public Wrongs
79
Presumption of Wifes Innocence Applied
80
Coercion May Extend to a Series of Crimes
82
Adultery
83
Separate Penalties for Women
84
CHAPTER IV
85
Rule Restricted to Bona Fide Spouses
86
CommonLaw Exceptions
87
Adultery
89
Res Gestae or Agency
90
Before or After Termination of the Relation
91
Confidential Communications
92
Interest of Witness
94
What Each Spouse Yields as to Property
96
When Wife is Treated as Feme Sole
97
CHAPTER VI
99
Extent and Duration of Liability
100
Hardship of Rule
101
Actions to Recover Antenuptial Debts
102
Effect of Bankruptcy
103
Effect of Statute
104
CHAPTER VII
105
Summary of Modern Rule
106
Liability of Husband Rule Stated
108
To Wife
109
To Third Persons
110
For Necessaries of Putative Wife
111
For Necessaries of Family in General
112
For Articles in Part Necessaries and in Part Not
113
Agency of Wife to Bind Husband for Necessaries
114
Effect of Giving Credit to Wife or Third Person
119
Effect of Money Provision for Wife
120
Effect of Husbands Ratification of Wifes Unauthorized Pur chases
121
Effect of Separation in General
123
Effect of Abandonment by Husband
124
Effect of Abandonment by Wife
126
Effect of Separation bv Consent
128
Effect of Wifes Adultery
130
Effect of Divorce and Allowance of Alimony
131
Wifes Right to Sell Property to Obtain Necessaries
132
Liability of Wife
133
What Constitutes Necessaries In General
135
Illustration
136
Counsel Fees JJ 112 Medical Services
138
Dental Services JJJ 114 Last Sickness and Funeral Expenses
139
What are Not Necessaries
140
Joint Statutory Liability for Family Expenses
141
Measure of Liability
144
House Kent
146
CHAPTER VIII
148
Extent of Liability
150
For Devastavit by Wife
152
Effect of Statute
153
Wifes Liability Under Statute
155
For Torts of Her Agent
157
English Rule in Equity
158
CHAPTER IX
159
When Wife May Bind Husband as Agent
160
Extent of Power as Agent
162
Wifes Agency Under Express Power
163
In Household Matters and Care of Husbands Property
164
Effect of Contract by Wife in Her Own Name
165
CHAPTER X
167
Exception to Rule Personal Propertv Held by Wife in Trust
169
What Law Governs
170
Extent of Husbands Right Effect of Divorce
171
Personal Apparel of Wife
173
Earnings of Wife
174
Property Purchased With Wifes Earnings
176
Neeessitv of Reduction to Possession
179
Effect of Waiver or Failure to Reduce to Possession
180
Effect of Bankruptev Insolvency and Assignment for Benefit of Creditors
182
What Constitutes Reduction to Possession In General
183
Effect of Insanitv of Husband 154
184
Constructive Possession
185
By Suit or Arbitration
186
By Assignment
188
By Delivery to Agent of Husband
190
Joint or Sole Receipt
191
As to Legacies or Distributive Shares 103
194
Wifes Equitv to SettlementIn General
196
Effect of Antenuptial Settlement or Jointure
197
Effect of Waiver
198
As to Vested Estate
200
As to Property in Litigation
201
Amount of Settlement
202
Wifes Chattels Real In General
204
Nature of Husbands Interest
205
Husbands Right to Alienate
207
Effect of Deed to Wife
209
Husbands Right in Real Estate of Wife General Rule Stated
210
What Law Governs
212
As to Property in Possession of Third Person
213
Husbands Power to Alienate Fee
214
Husbands Power to Mortgage Fee
215
Effect of Husbands Contract to Convey Fee
217
Husbands Right to Dissent from Purchase Gift or Devise to Wife
218
Effect of Alienage or Attainder of Husband and Statute of Limitation
219
Husbands Liability for Waste
220
Effect of Adverse Possession Generally
221
By Husband
222
Effect of Wifes Agreement to Convey or Purchase
223
Effect of Wifes Power of Attorney to Convey
224
Form and Requisites of Wifes Conveyance in General
225
Joinder of Husband
227
Acknowledgment
228
Privy Examination of Wife
229
Effect of Abandonment
231
Wifes Liability on Covenants
233
Effect of Fraud or Duress
234
Avoidance
235
Actions
236
CHAPTER XII
239
What Law Governs
240
Exceptions to Rule
242
Removal of Disability
243
Effect of Ratification
244
CHAPTER XIII
247
As Accomodation Party
250
What Law Governs
251
For Her Husband
252
Guaranty 2 4
254
Confession of Judgment
255
Sealed Instruments
257
CHAPTER XIV
259
Separate Estate and Paraphernalia Distinguished
260
CHAPTER XV
262
In the United States
264
Statutory Separate Estate Distinguished
266
Effect of Renunciation by Wife 207
267
Creation in General 26
269
Bv Parol Gift
270
By Contract
271
Gift of Income of Fund as Gift of Capital
272
Savings from Wifes Income
273
Necessity of Trustee
274
Construction of Instrument Creating E9tate
275
What Words are Sufficient to Create Estate In England
277
In the United States
278
What Words are Insufficient to Create Estate In England
280
In the United States
281
Necessity of Preserving Identity of Estate
282
Separate Estate as Trust Fund for Payment of Wifes Debts
283
Duration of Estate
284
What Will Bar Husbands Rights
285
Effect of Estate on Husbands Marital Obligations
286
Rights of Bona Fide Purchasers from Husband
287
In England
292
In the United States
293
Necessity of Concurrence of Trustees 205
295
Form and Requisites of Deed
296
Contracts Relating to Separate Estate in General
297
Contracts Not Beneficial to Wife
300
Mortgage or Pledge to Secure Husbands Debts
301
Gifts and Transfers to Husband
302
Enforcement
303
Estoppel to Claim Property
305
CHAPTER XVI
307
History of American Married Womens Acts
310
New York and Pennsylvania Married Womens Acts of 1848
313
English Married Womens Act of 1870
314
Scope and Validity
315
Construction
317
As to Rights of Husband
318
As to Rights of Wife
320
Changes Made by Married Womens Acts in General j
321
CHAPTER XVII
323
By Custom of London
324
Under Civil Law Codes
325
View That Wife Cannot be Separate Trader at Common Law
326
American Equity Doctrine i
327
Necessity of Proceedings to Enable Wife to Become Sole Trader
329
Necessity of Assent of Husband
330
English Statutory Rule
331
Under American Married Womens Acts in General
332
Massachusetts and Pennsylvania Statutory Rule
333
What Constitutes Sole Trading
334
Effect of Estoppel
335
Effect of Participation of Husband as Agent
337
Rights of Husbands Creditors
338
As Copartner Generally
339
With Husband
340
With Third Persons
341
As Stockholder
342
CHAPTER XVIII
344
Necessity of Schedule
345
What Constitutes Separate Estate Property Acquired Prior to Coverture
346
Property Acquired by Gift Grant Devise or Bequest During Coverture
347
Wifes Land in General
349
Rents Profits and Issues of Separate Estate
351
Proceeds of Sale of Separate Estate
352
Property Held by Husband as Trustee for Wife
353
? 4
354
Alimony Granted to Wife
355
Proceeds of Insurance Policy on Life or Property of Husband
356
Goods Bought by Husband on Wifes Credit
357
Trust Fund in Bastardy Proceedings
358
Principles Applicable i
359
In Separate Business
360
In Keeping Boarders
361
Effect of Waiver of Marital Rights by Husband
362
Effect of Husbands Desertion
363
Presumptions As Between Spouses in General
364
As to Property Standing in Name of Husband
366
As to Property Standing in the Name of Third Persons
367
As Against Husbands Creditors
368
Statutory Presumptions 36
369
Burden of Proof as Against Creditors of Husband
370
Effect of Estoppel in General
371
To Claim Property as Separate Estate in General
372
By Deed
373
By Record
375
By Fraudulent Representations
376
By Failure to Assert Her Title
377
By Clothing Husband with Apparent Title or Authority
378
CHAPTER XIX
381
Effect of Fraud of Husband
383
To Dispose of Real Estate
384
To Bind Separate Estate by Mortgage
385
With Liability for His Sole Fraud
386
By Lien
387
Rights of Purchasers from Husband
388
Notice to Husband as Notice to Wife
389
Rights of Husbands Creditors In General
390
As to Value of Husbands Services
392
Effect of Husbands Possession of Separate Estate
394
Transactions in Fraud of Creditors
395
Scope of Agency in General
396
Scope of General Agency
397
Implied Authority as Agent 308
398
Power to Bind Wife by Declarations
399
Burden of Proof
400
Presumptions
401
Admissibility of Evidence
402
Estoppel to Deny Agency
403
Ratification in General
404
What Constitutes Ratification 45
405
Rights to Recover for Improvements
406
To Recover for Services
407
To Recover for Advances 48
408
For Wifes Property Received
409
To Third Person
411
CHAPTER XX
413
Effect of Statute of Frauds
414
Necessitv of Joinder or Assent of Husband
415
For the Purchase of Property in General
416
For Improvements and Repairs
417
Submission to Arbitration
419
Jointly with Husband
420
Loans and Advances
422
Suretyship in General
423
For Third Persons
425
Rights of Wife as Surety
427
418 Enforcement
428
CHAPTER XXI
431
What Constitutes Charge
432
Limitation of Power to Charge
433
What Contracts Are Not For Benefit of Separate Estate
434
Property Subject to Liability
435
Extent of Liability for Joint Debt 43B 428 Necessity of Intention to Charge
436
Necessity of Joinder or Assent of Husband
437
Effect of Separation or Abandonment 43S 432 By Contract in General
438
Evidence of Debt in General 43
439
By Equitable Mortgage
440
By Assumption of Existing Mortgage 442
442
By Vendors Lien
443
For Purchase of Land
444
For Services Rendered
445
For Debt of Husband
446
Statutory Liability for Support of Husband
448
Liability for Breaches of Trust
449
By Contract of Guaranty or Suretyship 45
450
Rule of Yale v Dederer
451
Loans
455
By Promissory Note
456
Proceedings to Charge Separate Estate In Equity
457
At Law
458
Ratification
460
Avoidance
462
CHAPTER XXII
464
What Law Governs
465
Form and Requisites in General
466
Execution by Wife
467
Effect of Abandonment Separation Divorce or Insanity of Hus band
470
Presumption ss to Husbands Assent
471
Acknowledgment J VliJ Vi ivi
472
Delivery in Escrow
473
Mortgage or Deed of Trust
474
Declaration of Trust
476
By Equitable Assignment
477
Dedication to Public Use
478
Liability on Covenants in Conveyance
480
Effect of Extension of Time on Novation
481
Conveyances in Fraud of Creditors
482
Laches
483
Eatification
486
Avoidance
487
CHAPTER XXIII
490
Marriage Settlements favored by Public Policy
491
Promises to Marry and Promises in Consideration of Marriage
492
Form and Requisites
493
Necessity of Trustee
495
Reformation
496
Consideration
498
Validity in General
500
Oral Promise to Make Settlement
501
Postnuptial Settlements in Execution of Antenuptial Agreement
502
Contracts Releasing Rights in Estate of Other Spouse
504
Marriage Articles 60f
506
Settlement by Third Person
507
Covenant to Settle AfterAcquired Property
508
Provisions for Children or Heirs
509
Secret Settlement on Third Person in Fraud of Husband
510
Construction
513
Power of Disposition of Property Settled
515
Enforcement
517
Rescission or Avoidance In General
519
Bv Agreement
520
Fraud
521
Infancy or Laches
522
Acts in Pais
523
Inadequacy of Provision for Wife
524
Rights ofCreditors 626
526
CHAPTER XXIV
529
Necessity of Trustee
530
Consideration
532
Settlements in Fraud of Creditors Statutes of Elizabeth
533
As Against Subsequent Creditors 63
534
Effect of Payment of Valuable Consideration by Spouse
535
Effect of Intent of Settler
538
Rights of Bona Fide Purchasers English Doctrine
539
American Doctrine 640
540
Rescission and Avoidance 642
542
CONTRACTS BETWEEN SPOUSES 535 What Law Governs 644
544
Contracts and Debts Existing at the Time of Marriage
545
Under Married Womens Acts
546
Contracts as to Wifes tatutory Separate Estate
548
Intervention of Trustee or Third Person
560
Bank Deposits 661
561
Necessity of Intention to Make Gift
563
Necessity and Nature of Delivery
564
Gift by Wife to Husband 666
566
Wifes Gift to Husband in General
568
Validity in General 671
571
Operation and Effect 672
572
Rescission or Avoidance 673
573
Gifts in Fraud of Creditors 675
575
CHAPTER XXVII
577
CHAPTER XXVIII
585
Effect of Partition and Divorce
590
Spouses as Tenants in Common 692
592
Spouses as Joint Tenants
594
Conveyance or Mortgage
596
Rule in Equity as to Gift or Conveyance to Spouses In General
597
Resulting Trust
598
Effect of Purchase at Judicial Sale
599
Equitable Relief
600
CHAPTER XXIX
602
Nature and History of Doctrine
603
Effect of Doctrine on American Jurisprudence
604
Nature of Community
605
What Law Governs
606
What Constitutes Community Property in General
608
Public Lands Acquired by Grant or Entry
612
Rents Profits and Issues of Separate Estates
614
Improvements on Separate Estates
615
Wifes Earnings
616
Separate Estate Distinguished
617
Gifts
620
Determination of Status of Property Presumptions
621
Evidence and Burden of Proof
623
Change of Status of Property by Agreement
625
Nature of Wifes Interest
627
Control and Disposition
629
Sales Mortgages and Conveyances By Husband
630
By Wife
632
Lease
633
Rights and Liabilities of Purchasers During Coverture
634
Contracts Conveyances and Gifts Between Spouses
635
Against Spouses
637
Liabilities Chargeable on Community Property Community Debts Generally
638
Obligations as Surety
640
Torts
641
Rights and Remedies of Creditors During Existence of Com munity
642
Rights and Liabilities of Survivor
644
Rights of Heirs
647
Effect of Remarriage of Survivor
649
Accounting or Settlement of Community Rights
651
Necessity of Acceptance or Renunciation
652
Sale or Mortgage to Pay Debts
653
Rights and Liabilities of Purchasers Under Sale to Pay Debts
655
Actions by or Against Survivor i
656
Actions by or Against Heirs
657
Administration in General
658
Control Management and Collection of Community Assets
660
Accounting and Settlement
661
CHAPTER XXX
663
Actions Between Spouses at Law
664
Effect of Statute of Limitations
667
Implied Statutory Power to Maintain Action
668
Torts in General
669
Assault by Husband on Wife
671
Negligence
673
Partition
674
Actions by Wife Against Third Persons
675
In Equity
676
Under Married Womens Acts
677
Necessity of Joining Husband as PartyatLaw
679
Estate by the Entirety in Lands 88B 565 Estate bv the Entirety in Personalty
680
Necessity of Guardian ad Litem or Next Friend
681
Effect of Separation
682
Confession of Judgment
683
Submission to Arbitration
684
Trespass
685
Ejectment and Forcible Detainer
686
Fraud and Deceit
688
Malicions Prosecution
689
Trover 600
690
For Loss of Husbands Consortium and Services
691
For Death of Husband
692
Damages
693
Abatement and Survival of Action
695
Husbands Rights 6
696
For Loss of Consortium and Medical Expenses 607
697
For Loss of Services 70 V
701
For Death of Wife
704
Necessity of Joinder of Wife
705
Actions Against Wife in General
706
Actions Against Wife
707
PART III
709
One Standing in Loco Parentis
711
Gifts Between Parent and Child
712
Clothing Money etc Given to the Child Right to Insure
715
Contracts Between Parent and Child
716
Suits Between Child and Parents
717
Privileged Communication to Parent
719
CHAPTER II
721
Legitimate Children in General
722
Legitimation of Illicit Offspring by Subsequent Marriage
727
Legitimation by Subsequent Marriage Not Favored in England
729
Legitimacy of Offspring Born After Divorce
730
Legitimacy in Marriages Null But Bona Fide Contracted
731
ADOPTED CHILDREN Page
732
Conflict of Laws as to Domicile and Legitimacy 73
733
CHAPTER III
736
Who are Bastards
737
Presumption of Legitimacy
738
Custody Under English Law
740
Custody Under American Law
742
Maintenance
743
What Law Governs Property Rights 74fi
746
Disability rf Inheritance at Common Law
747
12 Inheritance by Bastards Under Modern Statutes
748
Inheritance from Bastards
752
Bequests and Gifts to Hlegitimatc Children
753
Effect of Recognition
756
Distant Relatives ete
759
Definitions
760
Statutes Permitting Adoption
762
Contracts to Adopt
763
Consent of Parents
765
Adoption by Deed or by Judicial Act
767
Evidence
770
Effect of Adoption
771
Childs Rights of Inheritance from Parents
772
Childs Rights of Inheritance from Kindred of Parents
774
Childs Rights of Inheritance by Contract
776
Rights of Inheritance by Parents
777
Inheritance by Children of Adopted Child
778
Revocation of Adoption
779
Conflict of Laws relating to Adoption
780
CHAPTER V
782
Parents Rights to Childs Property
784
Childs Duty to Care for Parents
786
CommonLaw Rule English Doctrine 79C 741 Chancery Jurisdiction in Custody Common Law Overruled
790
English Rule Statute
793
American Rule
794
Welfare of Child
796
Childs Own Wishes
799
Parents Right to Attend Funeral of Child
801
Contracts Transferring Parental Rights
802
Proceedings to Determine Custody Prior Adjudication
805
Suit for Harboring or Enticing Away Ones Child Abduction etc
807
Contests for Custody Between Husband and Wife etc
811
CHAPTER VII
813
Right of Father to ChiHs Labor and Services
815
Loss of Right to Childs Services
816
Parents Riiht of Action for Childs Labor
820
Childs Right of Compensation for Services to Parent
821
Action for Injury to Child in General
823
Statutes Affecting Right of Action
827
Surgeons Liability for Operating on Child
828
8uits for Seduction of a Child
830
Parents Action for Death
834
Fathers Liability for Fraudulent Misstatement of Age
836
Parties
837
Negligence of Parent
838
Contributory Negligence of Child
839
Evidence
840
Damages for Injuries or Enticement
841
Damages for Seduction
842
CHAPTER IX
844
Duty of Education
845
Duty of Providing a Trade or Profession
847
Plan of Classification
848
Parents Liability for Torts of Child
849
Liability for Acts of Insane Child
852
Parents Liability for Childs Acts in Driving Automobile etc
853
CHAPTER X
856
Fathers Support
857
Mothers Support
858
Mothers Pension Acts
859
Ability of Parent to Support Child
860
Liability of Parent to Third Persons in Absence of Agreement
861
Child as Agent for Parent
864
Agreements to Support
866
What Constitutes Support or Necessaries
867
Funeral Expenses
868
Maintenance etc in Chancery Allowance from Childs Fortune
869
Chancery Maintenance Out of Income or Principal
873
When Duty Ceases
874
Separation or Divorce of Parents
875
Pleadings and Evidence in Actions for Support
878
English Statute Enforcing Support
879
American Penal Statutes Enforcing Support
880
Support by Others as a Defence
882
Proceedings to Compel Support
883
BIGHTS OF CHILDREN Page S 802 Eights of Children in General
886
Advancements
887
Childs Rights of Inheritance
890
CHAPTER XII
896
What Constitutes Emancipation
897
Effect of Emancipation
903
PART IV
907
Guardianship by Nature and Nurture
908
Classification of Guardians in England Obsolete Species
909
English Doctrine Guardianship in Socage
910
English Doctrine Testamentary Guardianship
911
English Doctrine Chancery Guardianship
913
English Doctrine Guardianship by Election of Infant
915
Guardians by Nature and Nurture In this Country
916
Chancery and Probate Guardianship in this Country
917
Guardians in Socage in this Country 91
919
Guardians of Idiots Lunatics Spendthrifts etc
921
Guardians of Married Women
922
Guardian ad Litem and Next Friend
923
Guardianship by the Civil Law
924
CHAPTER II
925
Jurisdiction in General
926
What Courts May Appoint
927
Domicile or Residence of Minor
928
Nccessitv of Propertv
930
Where Father is Alive
932
Parents or Relatives Preferred
933
How Constituted
935
Parents Choice
939
The Best Interest of the Ward as a Test
940
Administrator One Having Adverse Interest
941
Married Women
942
Nonresidents
943
Corporations
944
Guardianship hy Appointment of Infant Right to Nominate
945
English Practice
946
American Practice Notice Trial by Jury
947
Effect of Appointment Conclusiveness of Decree etc
948
CivilLaw Rule of Appointing Guardian
950
CHAPTER III
952
Death of Guardian 95fi
956
Removal Who May Remove
960
Removal Procedure
961
Removal Causes of
963
Appointment of Successor Duties 96fi 859 Marriage of Female Guardian
967
Other Cases Where a New Guardian is Appointed
968
CHAPTER IV
969
Whether a Guardian is a Trustee
971
Joint Guardians
972
Judicial Control of the Wards Property
974
Guardianship and Other Trusts Blended
975
Administration Durante Minore Aetate
977
Extraterritorial Rights of Guardians in General
978
Rights of Foreign Guardian as to Wards PerBon
979
Rights of Foreign Guardian ns to Wards Property
980
Constitutional Questions Relating to Guardianship
983
CHAPTER V
985
Testamentary Guardians
987
Parents Right of Access
989
Guardians Right to Change Wards Domicile or Residence
990
Right to Personal Services of Ward
992
Guardians Duties as to Wards Person In General
993
Liability for Support of Ward
994
Support by Guardian Before and After Guardianship
996
Services of Ward to Guardian to be Credited 907
997
Secular and Religious Education of Ward by Guardian
1000
Use of Income or Principal
1001
In General Leading Principles
1005
Guardians General Powers and Duties as to Wards Estate
1006
Duty of Loyalty Not to Make Money from Estate
1007
Authority Before or After Termination of Office
1010
Collection of Assets
1011
What Property is Assets of the Estate
1013
Character of Investments
1014
Separation of Funds
1018
Reinvestment
1019
When Chargeable with Interest on Investments
1020
Loans by Guardian
1022
Bank Account
1024
Expenditures Allowed
1025
Payment of Debts
1028
Effect of Guardians Unauthorized Acts
1029
Contracts in General
1030
Contracts for Necessaries
1032
Contracts for Services to Ward or Estate
1034
Promissory Notes
1035
Loans to Guardians
1037
Deeds of Property
1039
Lease
1040
Mortgage or Pledge
1042
Guardians Occupation of Land
1045
Right to Sue and be Sued as to Wards Estate
1048
Guardians Right of Action for Benefit of Ward
1049
Parties
1050
Compromise of Claims
1053
Arbitration
1056
Otherwise as to Real Estate Whether Chancery Can Sell In fants Lands
1057
English Chancery Doctrine
1059
WO Civillaw Rule as to Sales of Wards Lands
1060
CHAPTER VIII
1074
CHAPTER IX
1089
EIGHTS AND LIABILITIES OF THE WABD Pago 5 979 General Rights of the Ward
1113
Insane Persons and Infants Contrasted
1114
Responsibility of Guardian to Ward as Wrongdoer etc
1115
Wards Action or Bill for Account 111
1116
Limitations Laches
1118
Wards Right to Recover Embezzled Property etc
1120
Wards Rights to Ratify or Repudiate Transactions of Guardian Estoppel
1122
Transactions Between Guardian and Ward Undue Influence
1130
Situation of Parties at Final Settlement of Accounts
1131
Transactions After Guardianship is Ended
1138
Marriage of Ward Against Consent of Chancery or Guardian
1139
PAET V
1141
NonAge
1143
Conflict of Laws as to True Date of Majority
1145
Infants Right of Holding Office and Performing Official Functions
1146
Infants Responsibility for Crime
1149
Infants Criminal Complaint Discretion in Case of Peril etc
1152
Testimony of Infants
1154
Marriage Settlements of Infants
1156
Infants Exercise of a Power
1158
Infants Commercial Paper
1159
Trusts H0
1160
ACTS VOID AND VOIDABLE 1006 General Principle of Binding Acts and Contracts as to Infants
1162
Test as to Void or Voidable
1163
Privilege of Avoidance Personal to Infant Rule as to Third Person etc
1165
Modern Tendency to Regard Infants Acts and Contracts as Voidable Rather Than Void
1167
Bonds Notes etc
1169
Rule of Zouch v Parsons
1171
Letters of Attorney Cognovits etc
1173
r vl 9t?Sl V y5i
1175
Trading and Partnership Contracts
1178
Void and Voidable Acts Contrasted When May Voidable Acts Be Affirmed or disaffirmed UtfiWV SSiiWK
1181
1018 General Principle of Binding Acts and Contracts
1183
Illustrations
1187
Contracts for Necessaries Same Subject
1190
Money Advanced for Necessaries Infants Deed Note etc Equity Rules
1195
Illustrations
1198
Acts Which Do Not Touch Infants Interest Where Trustee Officer etc
1199
Infant Members of Corporations
1200
Contracts Binding Because of Statute Enlistment Indenture
1201
Infants Recognizance for Appearance on Criminal Charge
1202
CHAPTER IV
1204
Immunity for Violation of Contract Distinguished
1207
1031a Same Subject Infants Frandulent Representations as to Age etc
1210
Estoppel by Misrepresentation of Age
1211
Injuries etc Suffered by Infants
1217
Contributory Negligence of Parent Protector etc
1219
1036a Arbitration Compromise and Settlement of Injuries Committed or Suffered by Infants
1223
CHAPTER V
1224
Rule Affected by Statute Lord Tenterdens Act Other Statutes 122
1226
Rule Independent of Statute American Doctrine
1228
What Constitutes Disaffirmance
1230
Time Nature and Effect of Ratification and Disaffirmance
1235
Instances
1238
Conflicting Dicta
1243
Summary of Doctrine
1244
Rule as to Conveyance of Infants Lands Lease Mortgage etc
1248
Ratification as to An Infants Purchase etc
1250
Executory Contracts etc Voidable During Infancy How Affirmed or Disaffirmed
1252
Rule Applied to Infants Contract of Service
1253
tory Upon the Infant etc
1256
Whether Infant Who Disaffirms Must Restore Consideration
1257
Avoidance Through Agents etc
1263
Ratification etc as to Infant Married Spouse
1264
Rules How Far Chancery May Elect For the Infant
1265
CHAPTER VI
1266
Actions at Law by Infants Suit or Defence by Next Friend or Guardian
1267
General Rules as to Actions by Next Friend
1269
Powers Qualifications and Duties of Next Friend
1272
Action at Law Against Infant the Guardian Ad Litem
1275
Chancery Proceedings By or Against Infants Corresponding Rule
1281
PART VI
1285
English Rule
1286
American Rule
1288
What Covenants Are Upheld
1290
Abandonment Rights of Deserted Wife
1294
Divorce Legislation in General
1295
Legislation Upon Divorce Divorce from Bed and Board Divorce from Bond of Matrimony etc
1297
Causes of Divorce Adultery Cruelty Desertion Miscellane ous Causes
1298
Defences
1301
Effect of Absolute Divorce Upon Property Rights
1302
Effect of Partial Divorce Upon Property Rights
1305
Validity of Foreign Divorces
1307
Copyright

Common terms and phrases

Popular passages

Page 58 - By marriage the husband and wife are one person in law ; that is the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 314 - THE real and personal property of any female who may hereafter marry, and which she shall own at the time of marriage, and the rents, issues, and profits thereof, shall not be subject to the disposal of her husband, nor be liable for his debts, and shall continue her sole and separate property, as if she were a single female.
Page 786 - The duties of children to their parents arise from a principle of natural justice and retribution. For to those who gave us existence we naturally owe subjection and obedience during our minority, and honour and reverence ever after: they who protected the weakness of our infancy are entitled to our protection in the infirmity of their age; they who by sustenance and education have enabled their offspring to prosper, ought in return to be supported by that offspring, in case they stand in need of...
Page 11 - All property owned by the husband before marriage, and that acquired afterwards by gift, bequest, devise, or descent, with the rents, issues, and profits thereof, is his separate property.
Page 879 - For the policy of our laws, which are ever watchful to promote industry, did not mean to compel a father to maintain his idle and lazy children in ease and indolence: but thought it unjust to oblige the parent against his will to provide them with superfluities, and other indulgences of fortune; imagining they might trust to the impulse of nature, if the children were deserving of such favours.
Page 451 - ... that the debt was contracted either for the benefit of her separate estate or for her own benefit upon the credit of the separate estate...
Page 301 - I think that, in order to bind the separate estate by a general engagement, it should appear that the engagement was made with reference to, and upon the faith or credit of that estate, and that whether it was so made or not is a question to be judged of by this Court upon all the circumstances of the case.
Page 703 - ... acts do not deal with the remedies of which the husband may avail himself. So far as his rights still exist he has all the remedy he ever had. If a substantial part of a former right is left, the old remedy remains also. The only sound reason for denying the remedy is that the right no longer exists. The term consortium as used at the common law to describe the husband's marital rights included three elements,.
Page 36 - Fraudulent misrepresentations of one party as to birth, social position, fortune, good health, and temperament, cannot therefore vitiate the contract. Caveat emptor is the harsh but necessary maxim of the law.
Page 58 - ... the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband; under whose wing, protection, and cover, she performs...

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