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390 LEGAI* KOTES*
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
-^ ¦ In The Present And Future Numbers O...
sortit is invalid in the law of England , even though it should be What valid , according are defects to of the substance law of the is a country question where that has it was received celebrated _differ _.
rent answers in the various legal systems of the world . Marriage with a deceased wife ' s sister , for instance , is not considered by the Chris
Roman Catholic theologians to be strictly prohibited by - tian law . Accordingly , such marriages are legitimate in many accord
ing continental ly no infrequent states , and device , among for others parties ark , in who Denmark and wished after . b to It ein was evade arried this
_-JBrooJc there rule , of v to Eng JBroofc return lish decided law to to Eng go b land to the . Denm House It was of , determined Lords , last , Session however g m , , that in
such marriages . _, , wheresoever y celebrated , are essentially invalid , and cannot be recognised in English law _; that such marriages are > since settled
invalid if celebrated in England has been long by judicial on this decision point is . , therefore The present , free state from of all the doubt marriage . Parties law thus of Eng related land full
can contract no valid marriage . It follows that each retains and exclusive control over his or her property . In the present case , previously to the marriage of a lady with her
deceased sister ' s husband , personal property belonging to her was survived settled , upon her intended trust , in husband default of but issue if , she for herself died before absolutel him y then , if she for
such person as she should by deed , or , will appoint . The ceremony , lifetime of marriage of the was husband celebrated made between her will the parties in which . The she lad recited y , in . the th _&
power appointed settlement , and and and of bequeathed all power other , of the powers appointment property enabling , comprised , and , her in in exercise in the that _settlement of behalf such ,
after the death of the intended husband , and in default of issue , among certain persons . She made survive other d the husband and of her died without
issueand without having any disposition property . It was , held by the Master of the Rolls that the will operated to pass the property comprised in the settlement . His Honor the settlement expressed an
seems op a inion good to , volunt that be somewhat , thoug ary one h . the anomalous This marri position age and was opposed of invalid the Master to , the rule of laid the down Rolls was
, in Collins v . Blantan 1 Smith ' s Leading Cases : —viz ., that , although . a deed improper requires consideration no , consideration renders to the give instrument it validity , wholl yet , that y invalid a bad .
or Moreover assigned to , the trustees propert in y trust comprised for Catherine in the Wood present until settlement the solemniza was - contendthere
for tion valid e , of , that yet the , , that even intended , as thoug no marriage marriage h the instrument . did It or appears could itself open take should p to lace vested be between considered interest , the
parties under the , no deed one . but But C it atherine was Wood ever to determin took a e this question , unnecessary that
becausein the events that occurred , there was no doubt " ,
390 Legai* Kotes*
390 LEGAI _* _KOTES _*
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Citation
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English Woman’s Journal (1858-1864), Feb. 1, 1862, page 390, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ewj/issues/ewj_01021862/page/30/
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