FREE BOOKS

Author's List




PREV.   NEXT  
|<   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189  
190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   >>   >|  
r other property, shall be exempt from liability for the debts of her husband, during her life, and during the life of any heir of her body." Very true: we readily admit the law of which the gentleman has given an abstract; and so long as the wife holds the property in her hands, just as she received it, it can not be taken for the husband's debts, but the moment she permits her husband to convert that property into another shape, it becomes his, and may be taken for his debts. The gentleman I presume will admit this at once. The next paragraph of the letter reads thus: "Also in Vol. 51, General Laws of Ohio, page 449, the act regulating descent, etc., provides, that real estate, which shall have come to the wife by descent, devise, or gift, from her ancestor, shall descend--first, to her children, or their legal representatives. Second, if there be no children, or their legal representatives living, the estate shall pass to the brothers and sisters of the intestate, who may be of the blood of the ancestor from whom the estate came, or their legal representatives," etc. True again: So long as the wife holds real estate in her own name, in title, and in title only, it is hers; for her husband even then controls its profits, and if she leave it so, it will descend to her heirs so long as she has an heir, and so long as she can trace the descent. But if she suffers her husband to sell that property and receive the money, it instantly becomes his; and instead of descending to her heirs, it descends to his heirs. This the gentleman will not deny. Now, we readily admit, that while the wife abides by the statutes, of which our article has given us an abstract, her husband can not take the property from her, he can only take the use of it. But the moment she departs from the statute, she comes under the provisions of the common law; which, when they do not conflict, is equally binding in Ohio, as the statute law. And in this case the common and statute laws do not conflict. Departing from the statute, that is, suffering her property to be exchanged, the provision is thus: (Here follows the common law, taken from the petition). I have nothing further to add on this point, but will quote the last paragraphs in the letter. "If you would
PREV.   NEXT  
|<   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189  
190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   >>   >|  



Top keywords:

property

 

husband

 

estate

 

statute

 

common

 

descent

 
representatives
 

gentleman

 
letter
 
conflict

ancestor

 
children
 
descend
 

moment

 
readily
 

abstract

 
statutes
 

article

 
abides
 

receive


suffers

 
instantly
 

paragraphs

 

descends

 

descending

 

binding

 

equally

 

profits

 

petition

 

exchanged


provision

 

suffering

 

Departing

 
departs
 
provisions
 

paragraph

 

exempt

 

General

 

presume

 

liability


received

 

convert

 
permits
 

regulating

 
controls
 
intestate
 

devise

 
Second
 
brothers
 

sisters