Paraphernalia - Definition - Law Dictionary Home Dictionary Definition paraphernalia

Definition :

Paraphernalia [fr. pap', Gk., beyond; and fer'h, dower], jewellery and ornaments which a husband has given to his wife before or during marriage. Whether these were meant to be absolute gifts or were merely paraphernalia for her adornment as a spouse is a question of fact, Tasker v. Tasker, 1895, P. 1. At law, before the Married Women's Property Act (see MARRIED WOMEN'S PROPERTY), the husband, in his lifetime might dispose of his wife's paraphernalia; excepting, indeed, her necessary apparel; and they were liable to the claims of the husband's creditors, with the like exception. But the wife was entitled to her paraphernalia against his representatives; for the husband could not, by will, dispose of them, or leave them to his represen-tatives Paraphernalia were deemed gifts sub modo only, i.e., for the purpose of being worn by the wife as ornaments of her person, and it is otherwise in the case of wearing apparel purchased by the wife with money supplied by the husband, Masson, Templier & Co. v. De Fries, (1909) 2 KB 831. But if the like Articles were bestowed upon her by her father, or by a relative, or even by a stranger, before or after marriage, they would be deemed absolute gifts to her separate use; and then, if received with the husband's consent, he could not, nor could his creditors, dispose of them, any more than they could of any other property received and held to her separate use. See HUSBAND AND WIFE.