Originally posted by Fiver
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And from and after her decease then in trust to pay out equal third part or share of the dividends interest and produce of the said trust stock funds and securities to such person or persons in such manner as each of my three daughters shall notwithstanding her (7) by any writing or writings from time to time but not in the way of anticipation direct or appoint (9) for want or in default of such appointment then in trust to pay out equal third part or share of the said interest dividends or product unto cash of my said daughters for her own sole and separate use free from the debts contracts control or engagements of her husband
We have seen modern and contemporary opinions that confirm that assets held in trust to provide income for a married woman were safe from her husband.
Trustee property in England cannot be diverted from its original purpose. If a married woman has an income under a deed of trust, it is hers only. (1859)
Some years ago Meghan James, a JTRF poster with a legal background, gave this opinion:
Generally, prior to the Married Women's Property Law Act 1882, women’s property right were dependent upon their marital status – once married, based upon the common law principal of coverture, under which a married woman’s legal status was known as ‘feme covert', ‘property’ could neither be inherited or owned to the exclusion of their husbands, hence the maxim: ‘husband and wife were one person and that person was the husband’. However, in reality, it wasn’t quite as simple as that. Deeds of Settlement provided for married women to own money in trust and annuities to provide income separate from the husband. It was possible to make explicit bequests in the form of trusts to married daughters to the exclusion of their husbands but that was dependent upon the complexities of the trust. So in answer to your question, yes, these bequests were protected. (2021)
’It wasn’t quite as simple as that.’
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