New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1841-10-19

.;,r,rrt OF the sgnttrIlt anu --'-7 ~ 'lS-,-
@ I'M furnish strong evidence OF continued inso-
n The second topic Of consideration was the na-
800. and exieu, OF the estate n Tic B70oElya proper
- acquired by NJ. De Forest.
TIL. instrument Of conveyance IS dated tic i1tl OF
December, l-35, and IS substantially as follows =
W hereas The said Jane De Forest. Of tie parties
Of the f-st part beng entitled dover IN case sac
survives the said Lawrence Y De Forest. ner nus
band all The rea. whereof he 5 nos" seized,
iu consideration @; the execution OF TIL incetiEEe
IN rus. ha.l consented and agreed joli w;n her
said husband in tie execution AID delivery o. TWO
certain inden,g-es of mortgage bearing eTen date
herewith severai!y given 20 joseph D. beers Fres!-
dsut of the North American Trust and BANKING
Compeny tie one 10 sec4rc the sum Of thirteen ilou
sand dollars upon the 10. az ground WIN ;-e oli--
iucs thereon erected, known as .luoer = @i-eE
two Broad street IN The city OF "" orr. ana the
other 20 secure The sum Of three thousand I'VE nun
bred dollars upon tyvo los ~ ground wltA Bindings
thereon erected on the Do-t.ea-terv SIDE OF >iNl
Avenue between Twenty iirst and Twenty -S-coHd
s,-ee,, known as number - prt! we zi.d rs 'ol-
,,-,f-ec on m-D O.. property belonging 20 ~ l..2tn
hudson made tv J. r. Bride, Jaly 2ich. l-27 and
20 release discharge sn9 qrit claim a.! Ter rishi 70
dover IN al the rel. estate O.: her SAID husband OF
yhc he IS now seized, or Of which DC may be mere
AFTER seized during ta- CONTINUANCE OF her
with her said husband and L. which sic 'aisAi -
emit ed 10 dover IN case size saa..! survive her SAID
husband: Now therefore this iudcn;u-c Witnesses
that the said parties Of the trs part Ter and ~ con
siera,ion Of the sum of one dollar, lawful money OF
the United States Of America, 70 them 10 hand Palt
e. have granted hare7Inei, sold. *, o.. mat Ger
tam lot, Nc to have aud 10 hoi, ~. ID trust never
iheless 10 and FOX the following and purQos-s-
that Is 10 say: First, 10 receive The rents issues and
profits thereof and apply them 20 and tor the sole
/ and separate use AMI benefit Of tic SAID Jane DE
Forest, one ei the SAID parties VI tie irst part dur
ing her natural life, and 60 pay the same eVe- t. er
q 4aH .Yf
her written order or direction lnIepeuleu, OF her
s1id husband during the said term o ner natural lie
SECONDLY 10 reuse alien, convey and confirm ne
said premises or any part thereof 20 and Tor such
Use and purposes and to sGca person or persons as
.he the said Jane De Forest, uey by any writing
duly executed under her hand and seal. and duly
acknowledged, or by her last v and 'esa'nen; duly
made ard published for that purpose. direct ana ap-
point 70 have and hold the sauc according - me
said direction and appointment So 90 he 1-e oy heT
tie SAID Jane De Forest. as aforesaid. nird-y inat
IN case she the said Jane De- Forest. shall de with
ont having n,de any sgch direction or appointment
by deed or will as aforesaid then 20 and for the use
benefit and bcioof OF all the lawful issue OF hcr TIE
said Jane DeFores share ard share alike their aeirs
and assigns forever.
r. the first place. TIL. is 20 pay tic rents
and profits to The wife for HE and appears TO he per
fectlv valid under the tiird subdivision OF tie 10Th
section. There IS also Limitation 10 he- issue IN
case no appointment is made Even before the re
yised Statutes think that the rule OF Shelly case
would not have applied. The estate tor life was
G. -arlv an equitable estate and thiuk the limitation
,o her lawful issue would have been use executed
The two estates. being equitable aud the other
legal could not have united to create an estate tai IN
her joHe> -. Lofd. Jay and Sc0rlc. = kq. 40
$50 ! Fcarne Il Ed p. -. Bot this question can
not nov arise independent Of the section abol-
shing the rule in She.!y's the 6oth section OF
the Statute relating trusts IS probably OF itself sui
cieut.
As to the etf,c; Of the power of appointment by
deed or will am satisfied that !; dces YES: d lee
in tie wife See the cases. Lurdcn on Powers ne
Ac Butthis is aer all OF lit;!e consequence, II she
can acquire the fee by appointments or 1t she may
appoint the fee IN favor OF her husband. B9tord
vs. Sircc' 1G Vesey, 125 hcN IS Scymod,
Russell 263
The whole estate was clearly mean, be put out
OF the husband by the deed II there was any Thing
not comprised in the trust, and not otherwise DIS
passed OF, il would now remain IA him. and would be
a rcversion liable to creditors.
The trust which is created and the only trust
which was lawful trust estate for her life
Bu the power tho remainder is expressly given
her. y % irus; crestei as 10 the remainder II
she did appoint, 1t 10 be III her issue as pur
chasers See section 81 OF the Statute OF Trusts Ia
any way. therefore, II intended TO 60 irou the
husband The slst s.ction ci Tie Stature Of powers
doe, no, operate TO giye her fee Il is that where
OF absolute power %, disposition. not coupanlcd
by any trust, -hall be given the owner OF partc
uar estate shall be chauCe into Zee absolute as
20 creditors and purchasers but subject any tuvIre
limitations in case the power should no, beexecuted-
Hut by the Goth section OF the Statute OF IruSis,
there being valid for her life She has no Is
t1tc or oc"erstip, legal or equitable. The whole is
in the trustee. She Is not therefore owner OF any
particular estate and tie section referred 10 does not
apply.
But although it does no; vest in her in fee, the
question remains whether she could not obtain
ice by tie exercise of the power of appointment and
whether she could not exercise tic power III iavoro;
her husband
general and beneficial power may be given 10 mar.
RED woman to dispose of during her marriage and
without the OF her husband lands con
vcyed or devised TO her IL fee.
The present Is general beuciicia. power, and the
7ti section OF the Staa,e which relates 20 special
beneficial powers, does no; apply. Il would not cover
the case If II did.
Now to bring the power within the soth section. 1t
seems necessary thai the lands should be- conveyed
o. devised to the N. FRIED woman in fee. By the I'D
section, all powers abolished which are not with
in tue provisions OF that Statute and by the 92d
ton beneficial power GeEerc! OK >pecla! other than
those enumerated in the article shall be valid.
By the Ssta section. special beneficial power may
be granted married No;-an. TIC phrase IS. a" et
aHy OF less than fee belonging her. in the
lands 20 which the power relates. y married NO
nlu therefore cannot be the grantee OF specla.
beneficial power. except where She mas the estate
over which it IS 70 exercised.
In Ike manner ;hnk the S0th section must be
Understood The estate IN fee which married
woman can exercise benefcisl general power, must
be an estate IN Zee vested IN her Ne naked power
over the fee can be granted - her. nsr any over il
coupled wiki particular estate in her less Than fee
Ii, to be observed that il estate in Zee : SIM
ply granted a married woman. it's Not followed
by all the usual arri5u,es OF atee She cannot dis
pose OF absolutely without the concurrence Of her
husband. Ills estate b. the cUrt-Sy may arise. She
Is prohibited from disposius O: It 10y ,vi bar these
rights may be given 10 her through the instrumental
iiy Of power coupled with limitation 70 lie. ~h.ch