The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-08

to his wfes does pass any estate affect any
interest he have in the land and her separate
could only operate her interest such
could hardly within the of the last
referred 20. Statute of Frauds But the of Mime
married womens personal and owned by her
before marriage acquired during marriage upon
her be her the before
her marriage Her husband right to the rents But in
the husband had right the income from his wife
land and he therefore had and her alienation
of the land would deprive him of this. His the
veyance in writing wifes deed must by the
of Frauds be in writing She cviy
Her husbands vtaizes her and gives her
power 1t therefore should appear deed
by other writing that her deed
is thus made capable of contracting.
The before is a good example of the mchiefs of
holding that such may be proved orally The husband
here he knew of consented the deed Two wit
nee after lapse of twenty-five years swear that he did
orally We deem unnecessary discuss in detail the
of the often made this that
tons 1886 and 1897 substantially the law upon
the subject of marital rights affecting property.
We hold that the Circuit Judge right in excluding
evidence of the husbands overule
the exceptions
Kinney G Bdllou for plaintiff.
u. T. De Bolt ford defendant.
FREAR
1 respectfully dissent Section 1897 of the Civil Code pro-
civil purposes merged husband and civiy dead
She shall not aeito his consent otherwise stipulated
by anterior contract have legal power contracts
ALLEVIATE and dispose of property except under
stances involved in this The question Is the
court read into the the word written before Consent
substitute 'onder for consent What intention
of the Legislature? Looking alone
reference the law elsewhere which the Legislature may
had in mind the presumption is that the Legislature intended
just what said consent without qualification
had meant written consent jonde' it would have said
That the Legislature would have inserted
it meant that the should be expressed in that
further shown in this instance by the expressions actually
used in other closely in question by
proximity subject matter For instance in the preceding
section which sets forth the husbands relations the wifes
property is expressly provided giving
control of her personal property that he may with her %
consent, dispose real property or any
exceeding the his life
Woman Act of 1888 which expressly repealed these sections
of the Code and permitted married manage and dis
of her property real and personal in the
if she SOLE contained the prov hat sale mortgage
of her real shall be valid without the icr
her huband and in Section 1921 of the Code which follows
closely after the section in question: it is provided that when
male under twenty years of female under eighteen
years be married the of the parent guardian
other person : shall be first obtained 1t is
obvious that the Legislature merely consent and
written Section 1891 it also expressly said written
consent where that in Section and in the Act of
The strong said merely
consent in Section 1891 and that it did there omit the
word written inadvertently 1t will be noticed that this
ton 2S refers both real and personal property If w
ten necessary for the disposition of real property
would be equally necessary for the disposition of personal
property There nothing indicate that the word consent
should be construed differently with respect different kinds
property This also relates power
well the power dispose property and the
which the wife may make those that
be