MARKET GARDENS. See AGRICULTURAL HOLDINGS. MARRIAGE, RESTRAINT ON. Conditions in general restraint of marriage of an unmarried person, whether male or female, are against public policy and void, but this rule does not extend to particular restraints, such as marriage with a particular person, or at a particular time, or without consent (z); nor does it extend to the second marriage of either a man or woman, as to which such a condition is valid, whether the person imposing it is the first husband or wife or a stranger (a). If, for the purpose of providing for a person while unmarried, there is a limitation until marriage and then over, such gift over is good (b). Requisition. The consent of A. B. to the marriage of the mortgagor must be proved in order to show that no forfeiture has taken place under the terms of the testator's will. MARRIAGES. See BIRTHS, MARRIAGES AND DEATHS-DIVORCE. (2) Yonge v. Furse, 26 L. J. Ch. 352 29 L. T. (O. S.) 34; 3 Jur. (N. S.) 603; 5 W. R. 394; 8 De G. M. & G. 756; Harvey v. Aston, 1 Atk. 361; Jenner v. Turner, 16 Ch. D. 188; 50 L. J. Ch. 161; 43 L. T. 468; 29 W. R. 99; Perrin v. Lyon, 9 East, 170; 9 R. R. 520; Scott v. Tyler, 1 W. & T.535; 2 B. C. C. 431; 2 Dick. 712; Haughton v. Haughton, 1 Moll. 611. (a) Evans v. Rosser, 2 H. & M. 190; Newton v. Marsden, 2 J. & H. 356; Allen v. Jackson, 1 Ch. D. 399; 45 L. J. Ch. 310; 33 L. T. 713; 24 W. R. 306. (b) Jones v. Jones, 13 Sim. 561. MARRIED WOMEN. (1) As to property of women married, and whose title accrued, prior to 1883, not being property held for their separate use. The husband and wife must both join in conveying the wife's freeholds or any interest in them, and the deed must be acknowledged by the wife. On birth of issue capable of inheriting, the husband becomes entitled to an estate by the curtesy in his wife's freeholds, whether her estate is legal or equitable. Husband and wife can together convey the wife's interest in copyholds (c); such conveyance is effected by a joint surrender by husband and wife in respect of which the wife is separately examined before the steward of the manor (d), or, in the case of equitable estates, in the same manner as freeholds (e). Freeholds and copyholds which are held by a married woman as bare trustee have, after the 6th August, 1874, been capable of being conveyed or surrendered in the same way as if she were a feme sole (ƒ). Leasehold property to which a married woman is entitled at law, as distinguished from equity, can, if it is or may possibly become vested in the wife during the coverture, be disposed of by the husband in his lifetime, but not by will. The consent of the wife is not necessary. If it is not possible for the leaseholds to vest in the wife during coverture, her interest can only, since the 31st December, 1833, be conveyed to a purchaser or mortgagee by a deed duly acknowledged in which her husband concurs (g). In the conveyance of equitable interests in chattels real, a deed duly acknowledged should always be employed, as, other wise, the wife's equity to a settlement may be set up as against a purchaser, even though her interest be an interest in possession and she concurs in the deed (h). If the husband survives, the wife's leaseholds belong to him by survivorship without taking out letters of administration; but if he dies in his wife's lifetime without having disposed of them, they vest absolutely in the wife, and that notwithstanding any charge thereon which the husband may have purported to make. Contingent, executory, and future interests, and possibilities coupled with an interest, in hereditaments of any tenure, and rights of entry, whether immediate or future, vested or contingent, have, after the 30th September, 1845, been capable of being disposed of by a married woman by deed acknowledged (i); and a married woman has, in like manner, had power to disclaim any estate or interest in hereditaments of any tenure (). Choses in action to which a married woman is entitled cannot, in general, be assigned so as to bind the wife in case the husband dies before they are reduced into possession (1); and equitable choses in action are further liable to the wife's equity to a settlement if reduced into possession during the joint lives of the husband and wife. But if the chose in action is reversionary and is not settled upon the wife by her marriage settlement or agreement for a settlement, it can, after the 31st December, 1857, be disposed of by a deed in which her husband concurs duly acknowledged by the wife (m). If the chose in action is a mortgage debt secured upon land of any tenure, it may, whether reversionary or not, be disposed of by the husband and wife by deed acknowledged in the usual way (n). (h) Hanson v. Keating, 14 L. J. Ch. 13; 8 Jur. 949; 4 Ha. 1. (i) 8 & 9 Vict. c. 106, s. 6. (k) Ibid. s. 7. (1) Prole v. Soady, L. R. 3 Ch. 220; 37 L. J. Ch. 246; 16 W. R. 445. (m) Married Women's Reversion ary Interests Act, 1857 (20 & 21 Vict. c. 57). (") The Fines and Recoveries Act, 1833 (3 & 4 Will. 4, c. 74); Williams v. Cooke, 4 Giff. 343; Miller v. Collins, (1896) 1 Ch. 573; 65 L. J. Ch. 353; 74 L. T. 122; 44 W. R. 466. (2) As to property of women married, and whose title accrued, prior to 1883, where the property is separate estate, whether under the Married Women's Property Act, 1870 (o), or by declaration in the instruments under which they are entitled. A married woman, prior to the 1st January, 1883, could not at law (as distinguished from equity) hold any property for her separate use. Courts of Equity, however, permitted her to hold and dispose of, inter vivos or by will, the equitable interest in property limited to her for her separate use in the same manner as if she were a feme sole. In cases where the legal estate in property held for the separate use of a married woman is outstanding, the concurrence of the trustee in whom it is vested is, of course, necessary to convey the legal interest, but where the legal estate is not outstanding, it is conveyed in the same way as it would have been if the property were limited to the married woman without any indication that she was to take it for her separate use (p). The Married Women's Property Act, 1870 (0), which came into operation on the 9th August, 1870, does not affect the law as above stated. It merely directs that the separate earnings of a married woman shall be deemed property settled to her separate use, and provides, in the case of a woman married on or after the 9th August, 1870, that any sum not exceeding 2007. coming to her under any deed or will, or any sum, whether it exceeds 2007. or not (q), to which she becomes entitled as next of kin of an intestate, and the rents and profits during her life, but not the fee simple (), of any freehold or copyhold property to which she becomes entitled as heiress or co-heiress of an intestate, are to belong to her for her separate use. (a) 33 & 34 Vict. c. 93. (p) See (1), supra. (9) Re Voss, King v. loss, 13 Ch. D. 504; 42 L. T. 78; 28 W. R. 565. (r) Johnson v. Johnson, 35 Ch. D. 315; 56 L. J. Ch. 326; 56 L. T. 163; 35 W. R. 329. (3) As to property of women married, or whose titles have accrued, after 1882. The Married Women's Property Act, 1882 (t), enables a woman, whenever married, to hold and dispose of the legal as well as the equitable interest in all property to which she becomes beneficially entitled after the 31st December, 1882, in the same way as if she were a feme sole. It also allows a woman married after that date to hold and dispose of the legal and equitable interest in all her beneficial property, whenever acquired, but it does not apply to property to which a married woman is not beneficially entitled, but holds as trustee for some one else (u). Although a married woman is entitled to property for her separate use, or under the Married Women's Property Act, 1882 (f), she may, nevertheless, be restrained from anticipating it, and thus be prevented from making a good title to a purchaser, but such a restraint does not affect her right to dispose by will of her separate estate, whether legal or equitable. See ACKNOWLEDGMENT AGAINST ANTICIPATION, RESTRAINT ENTAIL-ESTOPPEL-JUDICIAL SEPARATION AND Requisitions. 1. As Mrs. B. was married and became entitled to the property prior to 1883, her husband must join, and the deed must be acknowledged by her. 2. The vendor's husband must concur in the conveyance to the purchaser in order to pass the legal estate in the leaseholds to which the vendor became entitled in 1880. (t) 45 & 46 Vict. c. 75. (u) Re Harkness and Allsopp's Con tract, (1896) 2 Ch. 358; 65 L. J. Ch. 726; 74 L. T. 652; 44 W. R. 683. |