A Treatise on the Law of the Domestic Relations: Embracing Husband and Wife, Parent and Child, Guardian and Ward, Infancy, and Master and Servant

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Little, Brown, 1889 - Domestic relations - 773 pages
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Contents

Physical Capacity of Parties to Marriage Impotence c
33
Disqualification of Infancy
34
Disqualification of Prior Marriage uudissolved Polygamy Bigamy 86
36
Same Subject Impediments following Divorce
38
24 Force Fraud and Error Subject continued
43
Essential of Marriage Celebration
44
26 27 Same Subject Informal Celebration 46
45
28 29 Same Subject Formal Celebration 62
52
Consent of Parents and Guardians
56
31 Legalizing Defective Marriages Legislative Marriage
58
CHAPTER II
60
Duty of Spouses to Adhere or Live Together
62
Breach by Desertion c Duty of making Cohabitation Tol erable
63
The Matrimonial Domicile
65
38 Same Subject Husbands Right to establish Domicile
66
Domicile relative to Alien and Citizen
67
Change of Wifes Name by Marriage
68
Husbands Duty to render Support
70
Wifes Duty to render Services
71
Husbands Right to Gentle Restraint
73
Regulation of Household Visitors c
74
Custody of Children
75
Remedies of Spouses against each other for Breach of Matri monial Obligations
76
The Spouse as a Criminal Private Wrongs and Public Wrongs compared
77
Offences against the Property of One Another
78
Mutual Disability to Contract Sue c
79
Mutual Disqualification as Witnesses
80
General Inequalities of Coverture at Common Law
83
Wifes Disability to Contract extending beyond Coverture
90
Wifes Necessaries where Spouses live apart Mutual Separa
107
Miscellaneous Points
113
76 Torts by Wife which are based on Contract
119
CHAPTER V
125
Wife Personalty in Action Reduction into Possession
131
Wifes Personalty in Action Wifes Equity to a Settlement
133
89 Wifes Real Estate Husbands Interest
140
91 Wifes Real Estate Husbands Mortgage Waste
147
Covenants in Wifes Statute Conveyance or Mortgage c
153
Modern Changes in Married Womens Rights How to
159
Separate Use binds Produce of Fund
165
Separate Use exists only during Marriage Exceptions Am bulatory Operation
166
Wifes Right to renounce Separate Use c
167
Separate Use and the Marital Obligations
168
Clause of Restraint upon Anticipation
169
Separate Use in CommonLaw Courts English Married Womens Acts
170
CHAPTER IX
171
113 The Late Married Womens Acts Social Revolution
173
Scope of Married Womens Acts Constitutional Points
177
Married Womens Acts as to Antenuptial Property and Ac quisitions from Third Persons
180
116 Change of Investment Increase and Profits Purchase c
181
Methods of Transfer from Third Parties under these Acts
182
118 Acquisitions from Husband not so much Favored
183
119 Husbands Control Mixing Wifes Property or Keeping
185
Distinct
186
a Presumptions as to Separate Property under these Acts
187
Schedule or Inventory of Wifes Property
189
American Equity Doctrine Trustee for Separate Property
190
124 Equity Doctrine How Separate Use created
191
Equity Doctrine Acquisition by Contract Produce and Income
193
Equity Doctrine Separate Use only in Married State How Ambulatory
194
Equity Doctrine Whether Marital Obligations affected
195
CHAPTER X
196
Same Principle applies to Income
197
Liability of Separate Estate on Wifes Engagements Eng lish Doctrine
198
136 The Same Subject Latest English Doctrine
201
138 Concurrence of Wifes Trustee whether Essential
207
144 Combined Tests Benefit and Express Intention
213
Married Womans Ownership of Stock Employment
219
Husband as Managing Agent Services c Husbands
226
a Promise of a Third Person to pay a Married Womans
233
THE WIFES PINMONEY SEPARATE EARNINGS AND POWER TO TRADE PAfls 160 The Wifes PinMoney
234
Wifes Housekeeping Allowance
235
Wifes Earnings belong to the Husband Legislative Chan ges c
236
163 Wifes Power to Trade Earlier English Rules
238
164 Wifes Power to Trade American Equity Rule
239
Conclusion from English and American Decisions
240
Enlargement of Wifes Power to Trade under Recent Stat utes
241
Wifes Trading Liabilities under American Statutes
243
Wifes Trade Husbands Participation
244
Wife as Copartner with Husband or Others
247
CivilLaw Doctrine of Separate Trade
249
CHAPTER XIII
250
Marriage the Consideration which supports Antenuptial Settlements
251
How far this Support extends
252
Settlement Good in Pursuance of Written Agreement
254
Form of Antenuptial Settlements
255
Marriage Articles
256
Marriage Settlements by Third Persons
257
Effect of Statute of Frauds
258
181 Secret Settlement before Marriage Fraud of a Spouse
259
Reforming Marriage Settlements Portions c
261
a Rescission or Avoidance of a Marriage Settlement
263
CHAPTER XIV
264
Eliz and 27 Eliz
265
Same Subject Stat 27 Eliz
268
Same Subject Settlement upon Valuable Consideration
271
189 190 Postnuptial Settlements as between the Spouses 273
273
General Transactions between Husband and Wife
276
Transfer of Note from one Spouse to the Other Deposit Conveyance
277
Conveyances or Transfers to Husband and Wife Effect
278
Questions of Resulting Trust betweeu Husband and Wife
279
CHAPTER XV
280
The same Subject Assets for Wifes Debts
281
Surviving Husbands Rights in Wifes Personal Property
282
Husbands Obligation to bury Wife Rights corresponding
285
Death of Husband pending Settlement of Wifes Estate
286
Rights in Wifes Real Estate Tenancy by the Curtesy
287
Tenancy by the Curtesy Subject continued
288
Husbands Claims against Wifes Real Estate Improve ments c
289
DEATH OF THE HUSBAND RIGHTS AND LIABILITIES OF THE SURVIV ING WIFE 204 Widows Right to Administer
290
Widows Distributive Share in Personalty
291
Widows Waiver of Provision of Will
292
219 Abandonment Rights of Deserted AVife
310
Effect of Absolute Divorce upon Property Rights
316
PART III
322
Legitimation bv Subsequent Marriage not favored in Eng
330
CHAPTER II
337
Duty of Education
338
238 Maintenance c in Chancery Allowance from Childs
346
Whether Child may bind Parent as Agent Childs Neces
352
Parental Custody Commonlaw Rule English Doctrine
358
Custody under Divorce and other Statutes
364
Clothing Money c given to the Child Right to Insure
373
CHAPTER IV
376
Suit for harboring or enticing away Ones Child Abduc
379
Damages in Parental Suits for Injury to the Child
387
General Duties of Children to Parents
391
2fi8 Effect of Minor Childs Emancipation or Relinquishment
399
Advancements and Distributive Shares Expectancies
405
CHAPTER VL
412
Maintenance of Illegitimate Children
419
PART IV
425
English Doctrine Guardianship by Nature and Nurture
427
English Doctrine Guardianship in Socage
428
English Doctrine Testamentary Guardianship
429
288 English Doctrine Chancery Guardianship
431
289 English Doctrine Guardianship by Election of Infant
433
Classification of Guardians of Minors in the United States Nature and Nurture Socage and Testamentary
434
291 American Doctrine Chancery and Probate Guardianship
436
Guardianship by the Civil Law
438
Guardians of Idiots Lunatics Spendthrifts c
439
Guardians of Married Women
440
Guardian ad Litem and Next Friend
441
299 300 Testamentary Guardianship how constituted 442
442
Guardianship by Appointment of Infant Right to nominate
445
Chancery and Probate Guardians are judicially appointed
446
304 306 Selection of Chancery or Probate Guardian 460
450
306 Same Subject Appointment of Married Women of Non Resident c
455
Method of Appointing Guardian Procedure
457
308 Effect of Appointment Conclusiveness of Decree c
459
CivilLaw Rule of Appointing Guardians
460
CHAPTER III
461
Death of the Ward
463
Death of the Guardian
465
317 317 a Removal and Supersednre of the Guardian 467
467
Marriage of Female Guardian
473
Other Cases where a New Guardian is appointed
474
Whether a Guardian is a Trustee
476
Joint Guardians
478
Judicial Control of the Wards Property
479
Guardianship and other Trusts blended
480
Administration durante Minore JEtate
482
Quasi Guardianship where no Regular Appointment
483
Conflict of Laws as to Guardianship
484
Conflict as to Wards Property
485
Constitutional Questions relating to Guardianship
487
CHAPTER V
489
Guardianls Right to phange Wards Domicile or Residence
493
Right to Personal Services of Ward to recover Damages Other Rights
495
Guardians Duties as to Wards Person in General
496
Liability for Support of Ward
497
Same Subject Using Income or Capital c 600
500
339 Allowance to Parent for Wards Support Chancery Rules 602
502
Secular and Religious Education of Ward by Guardian 604
504
CHAPTER VL
505
Guardians General Powers and Duties as to Wards Estate 606
506
Whether Guardian can bind Wards Estate by his Contracts 609
509
346 Title to Promissory Notes c Promise not Collateral 611
511
348 349 Limit of Guardians Responsibility in Management 614 616
514
Management of the Wards Personal Property in Detail 622
521
Same Subject when Chargeable with Interest 628
528
American Statutes on this Subject considered 634
534
361 a Other Statute Provisions Mortgage c 640
540
The Same Subject Special Bond in Sales of Real Estate 662
552
The Same Subject Items allowed the Guardian on Account 660
562
General Rights of the Ward 668
568
Same Subject Insane Persons and Infants Contrasted 669
570
Wards Action or Bill for Account Limitations c 671
571
Wards Right to recover Embezzled Property c 672
572
Fraudulent Transactions set aside on Wards Behalf 673
573
Wards General Right to repudiate Guardians Transactions His Right of Election 674
574
386 Same Subject Resulting Trusts Guardians Misuse of Funds Purchase of Wards Property c 676
576
Transactions between Guardian and Ward Undue Influence 680
580
Transactions after Guardianship is ended 686
585
Marriage of Ward against Consent of Chancery or Guardian 637
587
PART V
589
Growing Capacity during Nonage Legislative Relief from Nonage 690
590
Conflict of Laws as to True Date of Majority 691
592
Infants Responsibility for Crime 694
594
Infants Criminal Complaint Infant as Prosecutor Criminal Offences against Infants 696
596
Testimony of Infants 698
600
a Infants Exercise of a Power
603
404 Same Subject Bonds Notes c
609
Same Subject Miscellaneous Acts and Contracts Voidable
615
CHAPTER III
621
414 Contracts for Necessaries Money advanced Infants Deed
630
Acts which the Law would have compelled
636
Immunity for Violation of Contract distinguished
643
SuiU of Parent and Child for Injury Loss of Services reck
650
The Same Subject Conflicting Dicta
659
Infants Conveyance Lapse of Time c 653
665
Miscellaneous Points As to New Promise Whether Infant
672
CHAPTER VL
678
Chancery Proceedings by or against Infante Corresponding
685
Rule of Classification as to Master and Servant
691
Strict Relation of Master and Servant Contract of Hiring
697
Termination of Service by Mutual Consent c Special
707
The Same Subject Rules for Payment of Wages Offsets
714
The Same Subject Termination by Mutual Consent Spe
719
Torts and Frauds of Public Officers
726
Masters Civil Liability to Others for Servants Torts
733
Master not Criminally Responsible for Servant but only
741
a Simultaneous Death of Husband and Wife Ownership
750
Disqualification of Blood Consanguinity and Affinity 27
759

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