PART III. the wife has in her own right, as ready TIT. I. CAP. I. SEC. II. the wife's chattels personal. money, jewels, household goods, and the like, the husband has an immediate and absolute property therein by the marriage, which never can again revest in the wife or her representatives. But chattels personal, en autre droit, as executrix or administratrix, &c., do not belong to the husband, though he survive, but go to the administrator de bonis non of the wife. (2 Bl. Com. 435; Co. Litt. 351 b; 1 Bright, 34, 39; Chit. Con. 151.) 374. As to the wife's chattels personal or choses in action, which comprise debts, legacies, residuary personal estate, money in the funds, money received by a person to be appropriated to her use, &c., these the husband may have, if he reduces them into possession. They then become absolutely and entirely his own, and go to his executors and administrators, or as he bequeaths them by will, and do not revest in the wife. But if he dies before her, and before he has released them or reduced them into possession, so that at his death they still continue choses in action, they will survive to the wife, whether against the personal representatives of the husband, or against his creditors in bankruptcy, or against his assignees for valuable consideration. If he survives her, he will not have them by survivorship, as he would have a chattel real, except in the case of arrears of rent due to the wife before her coverture, which in case of her death are given to the husband by the stat. 32 Hen. VIII. c. 37; but he will still be entitled to the choses in action as her administrator, and may in that capacity recover such things in action as became due to her before or during the coverture. (2 Bl. Com. 434-5; Co. Litt. 351 b; Ad. Con. 760-1; Sm. Con. 280-1; Chit. Con. 149, 150.) On taking out administration to her estate, he will become entitled as her administrator, to all her personal estate which was outstanding and unrecovered at her death. And if he does not take out administration to her estate, but some other person does, the husband will be entitled to any surplus which may remain after paying the wife's debts. If the husband dies before he or some other person has administered to her estate, his personal representatives may take out letters of administration to her estate, and recover all her property in action and unrecovered at her death, even though such property was reversionary at her death, and in fact did not cease to be so until after the death of PART III. TIT. I. CAP. I. SEC. II. PART III. the husband (as where he died in the lifetime TIT. I. CAP. I. SEC. II. Wife's lia bilities before mar riage. of a prior taker of the property); or if the personal representatives of the husband do not take out administration to her estate, any other personal representative of the wife may recover such property. And such personal representatives are trustees for the persons beneficially entitled to his general personal estate, under his will, or under the statutes of distribution, or under the statutes relating to bankruptcy, or otherwise, as the case may be, as to any surplus which may remain after paying the wife's debts. (See 1 Bright, 36, 41-2, 72, 78-87; 1 Wms. Ex. 339, 742; Drew v. Long, 22 L. J. (N. S.) 717 (Ch.); Atty.-Gen. v. Partington, 1 Hurl. & Colt. 193; Fleet v. Perrins, L. R. 3 Q. B. 536; 4 Q. B. (Ex. Ch.) 500.) 375. Upon the marriage, before the stat. 33 & 34 Vict. c. 93, s. 12, the husband became liable to the wife's ante-nuptial contracts. But on her death, his liability ceased, except as her administrator, unless judgment had been recovered against husband and wife in her lifetime. If he survived her, and took out administration, he was liable to be sued on them, as his wife's administrator. If she survived him, her liability revived, in case nothing had been done to put an end to the contract, during the continuance of the marriage. (Sm. Con. 280, 281; Ad. Con. 764, 783; 2 Bright, 1-3; Chit. Con. 151.) 376. As regards liabilities incurred by women. before marriage, the law seems now to stand thus: 1. In the case of women married before the passing of the stat. 33 & 34 Vict. c. 93 (a), August 9, 1870, the husband is liable, by the common law, for debts contracted by his wife before marriage. 377. 2. In the case of women married since August 9, 1870, and before the passing of the stat. 37 & 38 Vict. c. 50 (b), July 30, 1874, the husband is not liable for such debts, but the wife is liable. 378. 3. In the case of women married since July 30, 1874, the husband is liable, if jointly sued, for debts contracted by his wife before marriage, or for damages for any tort committed by her before marriage, or for the breach of any contract made by her before marriage, in respect and to the extent of certain specified property of the wife, or by reason and to the extent of a confession of liability by the husband, or (to the extent of the property of the wife) by reason of his not pleading exemption from liability. And (a) See page 154, note (a), and Appendix. (b) See id. PART III. TIT. I. CAP. I. SEC. II. TIT. I. SEC. II. PART III the wife is liable jointly, so far as he is sued CAP. I. with her and liable. And she is liable separately, so far as she is sued separately, or so far as he is not liable, if they are sued jointly. 379. Action against a married Woman. Right of suing on contracts made with married women. If a married woman is sued, as a feme sole, for a debt contracted by her after marriage, and coverture is not pleaded, or not proved if pleaded, judgment may be given against her. And in such a case, before the Debtors' Act, 1869, she was liable to be imprisoned for the debt, even without having separate estate; though she could afterwards get discharged. But the Debtors' Act, 1869, ss. 4 and 5, applies to a married woman, and exempts her (as it exempts a man) from imprisonment for debt, with the exception there mentioned, and authorises an order to be made against her for payment by instalments in such a case as that above supposed; and proof of means is not necessary on a mere order for payment, though, if she has separate estate, that will be taken into account, even at Law, in directing the mode of payment. (Poole v. Canning, L. R. 2 C. P. 241; Dillon v. Cunningham, L. R. 8 Ex. 23.) 380. A husband may sue on a contract made with his wife on good consideration. If he die without suing, the right to sue upon it. |