Articles Marriage - Law Dictionary Search Results
Home Dictionary Name: articles marriageArticles, Marriage
Articles, Marriage, An agreement made in consideration of marriage, generally to secure a provision by conveyance or settlement for the spouses or one of them and the children of the marriage, must, under the Statute of Frauds, 29 Car. 2, c. 3, s. 4, be in writing and will not be enforced unless evidenced in writing, see Montacute v. Maxwell, 1 P Wms 618, and Butterfield v. Heath, (1852) 15 Beav 408. In equity the Articles are considered as minutes of agreement and to create executory trusts, and the Court will give effect to the intention accordingly without strict or any regard to an improper or informal use of words, see Stamford v. Hobart, (1710) 3 Br PC (Tomk. Ed) 31, and Blandford v. Marlborough, (1743) 2 Atk. 542, and therefore the rule in Shelley's Case (now abolished in regard to instruments coming into operation after 1925, see Law of Property Act, 1925, s. 131) was not applied in construing or executing the Articles. See Norton on Deeds....
Marriage articles
Marriage articles, the heads of an agreement for a marriage settlement. Generally speaking, expressions and limitations in these Articles are allowed a more liberal meaning consistently with intention than formal conveyances and settlements, and as two words of limitation, see s. 130, Law of Property Act, 1925, and Norton on Deeds....
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Conversion, equitable
Conversion, equitable. It is an established principle that money directed to be employed in the purchase of realty, and realty directed to be sold and turned into money, are considered inequity as that species of property into which they are directed to be converted; and this, in whatever manner the direction is given; whether by will, or contract, marriage articles, settlement, or otherwise; and whether the money is actually deposited, or only covenanted to be paid, or whether the land is actually conveyed, or only agreed to be conveyed, Fletcher v. Ashburner, (1779) 1 Bro CC 497; 1 W&TLC. This principle is governed by the doctrine of equity, that that which ought to be done shall be deemed as actually done.The property thus equitably transmuted by anticipation will possess all the qualities, incidents, and peculiarities of that kind of property into which it is destined to be changed. See 3 & 4 Wm. 4, c. 74, s. 71.But the beneficiary, or all the beneficiaries together, provided they ...
Post-nuptial settlement
Post-nuptial settlement, a settlement made after marriage; it is generally deemed voluntary unless made pursuant to written articles entered intobefore marriage. See VOLUNTARY CONVEY-ANCES....
Paraphernalia
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, Templie...
Dissolution
Dissolution, the act of breaking up. A partnership may be dissolved either by a proper notice, or effluxion of time as agreed upon in the Articles of partnership, or by death, marriage, lunacy, bankruptcy, or by judgment of the High Court, (English) Partnership Act,1890 (53 & 54 Vict. c. 39), ss. 32-34.A dissolution is the civil death of the Parliament, and is effected in two ways:- (1) By the sovereign's will, expressed either in person or by representation. (2) By length of time, i.e., five (formerly seven) years. See (English) Parliament Act, 1911; SEPTENNIAL ACT. By the (English) Representation of the People Act, 1867 (30 & 31 Vict. c.102), s. 51, Parliament is not determined or dissolved by the demise of the Crown.When a company has been completely wound up by the Court, the Court must make an order that the company is dissolved from the date of the Order (English) (Companies Act, 1929 s. 221): as to dissolution on a voluntary winding up see ss. 236 and 245 ibid. Under the same s....
Executory trusts
Executory trusts. In the case of articles of agreement, made in contemplation of marriage, and which are consequently preparatory to a settlement, and in the case of those wills which are merely directory of a subsequent conveyance, the trusts declared by them are said to be executory or imperfect, because they require an ulterior act to raise and perfect them. They are rather considered as instructions for settlements than as instruments in themselves complete; and therefore Equity, in order to promote the presumed views of the parties in the one case and to support the manifest intention of the testator in the other, will attach to the words expressive of the trusts a more liberal and enlarged construction than they would admit if applied either to the limitation of a legal estate or a trust executed, 1 Sand. Uses and Trusts, 237, Lord Glenorchy v. Bosville, (1733) Cas Temp Talb 3; 1 W&TLC....
Infant
Infant [fr. infans, Lat., one who cannot speak], a person under twenty-one years of age, whose acts are in many cases either void or voidable. See AGE.At Common Law, the contracts of infants are divided into three classes: 1st. Those which are absolutely void; such as are positively injurious to the interests of the infant, and can only operate to his prejudice; as a surety-bond, or a release to his guardian.2nd. Those which are only voidable: such as are beneficial to him, which he may affirm or avoid when he comes of age; as a conveyance of lands, a promissory note, an account stated.3rd. Those which are binding ab initio and need on ratification: such as contracts for the public service, Articles of apprenticeship [see Green v. Thompson, (1899) 2 QB 1], executed contracts of marriage, representative acts as executor or trustee, contracts for necessaries. In an action brought for the price of goods, if the defendant pleads infancy, the onus is on the plaintiff to prove that the goods...
Articles
Articles, divisions and paragraphs of a document or agreement. It is a common practice for persons to enter into articles of agreement, preparatory to the execution of a formal deed, whereby it is stipulated that one of the parties shall convey to the other certain lands, or release his right to them, or execute some other disposition of them.Articles are therefore considered as a memorandum or minute of an agreement to make some future disposition or modification of property. Such an instrument will create a trust or equitable estate, and a specific performance of it will be decreed inequity.Articles are usually entered into for the purchase and sale of lands, for the taking and granting of leases, for making settlements on marriage, and for forming partnerships. And see ASSOCIATION.And see IMPEACHMENT....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial