(单词翻译:单击)
WIFE'S EQUITY1. By this phrase is understood the equitable2 right of a wife to have settled upon her and her children a suitable provision out of her estate whenever the husband cannot obtain it, without the aid of a court of equity. Shelf. on M. and D., 605.
2. By the marriage the husband acquires an interest in the property of his wife in consideration of the obligation which he contracts by the marriage, of maintaining her and their children. The common law enforces this duty thus voluntarily assumed by him, and he can alien the property to which he is thus entitled jure mariti, or in case of his bankruptcy3 or insolvency4 it would vest in his assignee for the benefit of his creditors5, and the wife would be left with her children, entirely6 destitute7, notwithstanding her fortune may have been great. To remedy this evil, courts of equity, in certain cases, give a provision to the wife, which is called the wife's equity.
3. The principle upon which courts of equity act is, that he who seeks the aid of equity must do equity, and that will be withheld8 until an adequate settlement has been made. 1 P. Wms. 459, 460. See 5 My. & Cr. 105; 11 Sim. 569; 4 Hare, 6.
4. It will be proper to consider, 1. Out of what property the wife has a right to claim her equity to a settlement. 2. Against whom she may make such a claim. 3. Her rights. 4. The rights of her children. 5. When her rights to a settlement will be barred.
5. - 1. Where the property is equitable and not recoverable at law, it cannot be obtained without making a settlement upon a wife and children, if one be required by her 2 P. Wins. 639; and where, though the property be legal in its nature, it becomes, from collateral9 circumstances, the subject of a suit in equity, the wife's right to a settlement will attach. 5 My. & Cr. 97. See 2 Ves. jun., 607, 680; 4 Bro. C. C, 338; 3 Ves. 166, 421; 9 Ves. 87; 5 Madd. R. 149; 5 Ves. 517; 13 Maine, 124 10 Ala. R. 401; 9 Watts10, 90; 5 John. Ch. R. 464; 3 Cowen, 591; 6 Paige, 366; 2 Bland11. 545; 2 Paige, 303.
6. - 2. The wife's equity to a settlement is binding12 not only upon the husband, but upon his assignee under the bankrupt or insolvent13 laws. 2 Atk. 420; 3 Ves. 607; 4 Bro. C. C. 138; 6 John. Ch. R. 25; 1 Paige, 620; 4 Metc. 486; 4 Gill & John. 283; 5 Monr. 338; 10 Ala. R. 401 1 Kelly, 637. And even where the husband assigned the wife's equitable right for a valuable consideration, the assignee was considered liable. 4 Ves. 19.
7. - 3. As to the amount of the rights of the wife, the general rule is that one half of the wife's property shall be settled upon her. 2 Atk. 423; 3 Ves. 166. But it is in the discretion14 of the court to give her, an adequate settlement for herself and children. 5 John. Ch. R. 464; 6 John. Ch. R. 25; 3 Cowen, 591; 1 Desaus. 263: 2 Bland. 545; 1 Cox, R. 153; 5 B. Monr. 31; 3 Kelly, 193; 1 D, & W. 407; 9 Sim, 597; 1 S. & S. 250.
8. - 4. Whenever the wife insists upon her equity, the right will be exten-ded to her children, but the right is strictly15 personal to the wife, and her children cannot insist upon it after her death. 2 Eden, 337; 1 J. & W. 472; 1 Madd. R. 467; 11 Bligh, N. S. 104; 2 John. Ch. R. 206; 3 Cowen, 591; 10 Ala. R. 401; 1 Sanf. 129.
9. - 5. The wife's equity will be barred, first, by an adequate settlement having been made upon her; 2 Ves. 675; when she lives in adultery apart from her husband 4 Ves. 146; but a female ward16 of court, married without its consent, will not be barred, although she should be living in adultery. 1 V. & B. 302.
WILD ANIMALS. Animals in a state of nature; animals ferae naturae. Vide Animals; Ferae naturae.
1
equity
![]() |
|
n.公正,公平,(无固定利息的)股票 | |
参考例句: |
|
|
2
equitable
![]() |
|
adj.公平的;公正的 | |
参考例句: |
|
|
3
bankruptcy
![]() |
|
n.破产;无偿付能力 | |
参考例句: |
|
|
4
insolvency
![]() |
|
n.无力偿付,破产 | |
参考例句: |
|
|
5
creditors
![]() |
|
n.债权人,债主( creditor的名词复数 ) | |
参考例句: |
|
|
6
entirely
![]() |
|
ad.全部地,完整地;完全地,彻底地 | |
参考例句: |
|
|
7
destitute
![]() |
|
adj.缺乏的;穷困的 | |
参考例句: |
|
|
8
withheld
![]() |
|
withhold过去式及过去分词 | |
参考例句: |
|
|
9
collateral
![]() |
|
adj.平行的;旁系的;n.担保品 | |
参考例句: |
|
|
10
watts
![]() |
|
(电力计量单位)瓦,瓦特( watt的名词复数 ) | |
参考例句: |
|
|
11
bland
![]() |
|
adj.淡而无味的,温和的,无刺激性的 | |
参考例句: |
|
|
12
binding
![]() |
|
有约束力的,有效的,应遵守的 | |
参考例句: |
|
|
13
insolvent
![]() |
|
adj.破产的,无偿还能力的 | |
参考例句: |
|
|
14
discretion
![]() |
|
n.谨慎;随意处理 | |
参考例句: |
|
|
15
strictly
![]() |
|
adv.严厉地,严格地;严密地 | |
参考例句: |
|
|
16
ward
![]() |
|
n.守卫,监护,病房,行政区,由监护人或法院保护的人(尤指儿童);vt.守护,躲开 | |
参考例句: |
|
|