said C. D., and to his executors and administrators, for the uses and purposes, and upon the special trusts following, to wit:

:

First, That until the solemnization of said marriage, the said C. D. shall permit the said E. V. to receive to her own use all the income, profits, and dividends, arising from said estate, and from any other estate which may be substituted therefor, as is hereinafter provided.

Second, That after the solemnization of said marriage, and during the coverture of said E. V., said C. D. shall receive and collect the income, rents, profits, and dividends of said estate, or of any other substituted estate, from time to time as the same shall be payable; and, after deduction of proper expenses, shall pay over the same, or so much thereof as she shall not direct to be added to the principal for the purposes of accumulation, to the said E. V., upon her separate receipt therefor, and free from the control of her said husband or any other person.

Third, That in case of the death of the said E. V., after the said marriage shall take effect, and during the life of her said husband, the said estate shall be reconveyed, transferred and paid over by said trustee, to such persons as the said E. V., by any writing subscribed by her in the presence of two competent witnesses, shall appoint to take and receive the same; and in default of such appointment, so to be made by her, the same shall be transferred and paid, one-half to her husband, the said G. H., and the other half to such persons as would be the legal representatives of the said E. V. by the statute for the distribution of intestate estates; and, in case of the death of her said husband, before such estate shall be conveyed, transferred and paid over to him, then the whole to such legal representatives.

Fourth, If said G. H. shall die before the said E. V., all the property and estate then held in trust under this agreement shall be paid over, transferred, and conveyed back, to the said E. V.; and until so paid over, transferred, and conveyed, said E. V. shall be permitted to receive and collect

the rent, income, profits, and dividends thereof, for her own

use.

Fifth, That the said trustee shall, upon the written request of said E. V., sell and dispose of the said trust estate, or any part of it, and invest the proceeds in other personal or real estate, according to the written direction of said E. V.; and the estate so purchased shall be held by the said trustee upon the trusts declared by this agreement, and may be sold and the proceeds reinvested from time to time in trust in manner aforesaid. And it is hereby declared, that the purchaser of any of the estate, held in trust aforesaid, shall not be bound to see to the application of said purchase money.

Sixth, That in case of the decease of said trustee, or his resignation of said trust, he, or his executors or administrators, shall convey, transfer, and pay over, all the trust estate then held by him, to such appointee as may be named in writing by said E. V.; and such appointee shall have all the powers, and shall hold the trust estate subject to all the provisions herein set forth; and the receipt of such appointee shall be a complete discharge to said trustee, his executors and administrators; and, in like manner, other new trustees may from time to time be appointed, as occasion may require.

Seventh, And whereas it has been understood and agreed, by and between the parties hereto, that all property and estate, real and personal, which said E. V. may hereafter acquire or become entitled to, by her own earnings, by gift, devise, descent, distribution, or otherwise, should be transferred, conveyed, and paid over, to said trustee, and thereby be secured for the separate use of said E. V., and thereby placed beyond the control or management of said G. H., and be exempt from liabilities on account of his debts or obligations: now therefore, it is further agreed by said G. H., that he will, at any time during said coverture, upon written request of the said E. V. or said C. D., unite with said E. V. in such transfer and conveyance as shall vest said property, so to be hereafter at any time acquired by said E. V., or to which she may become entitled as aforesaid, in such person as may then be trustee, as hereinbefore is provided; to be by him held

subject to the uses and purposes of said trust. And said G. H. hereby covenants and agrees, to and with said E. V., her heirs and assigns, and to and with said C. D. and his assigns, that he will warrant and defend said estate to said E. V., to her separate use, and to said C. D. and his assigns, to the uses declared in this deed of trust, against the claims and demands of all persons claiming under, through, or on account of him.

And said party of the second part hereby signifies his acceptance of said transfer and conveyance of the real and personal estate aforesaid; and agrees to hold and manage the same, and such other estate and property as may come to him by conveyance or otherwise, as herein is provided, according to the provisions of this agreement.

And said G. H. hereby signifies his assent to the provisions of this agreement, and covenants with said C. D. and his successors in said trust, to permit said E. V. to receive the aforesaid rents, income, and profits, to her separate use, and freely to manage, invest and re-invest the same, and to dispose of the trust estate by will or appointment, to such persons as she may prefer, and not to interfere with said trust estate, except in conformity with the provisions of this agreement.

In witness whereof, said parties have severally hereto set their hands and seals, the day and year above first written. E. V. [L. S.]

On the 8th day of June, A. D. 1869, personally appeared E. V., C. D. and G. H., and severally acknowledged the foregoing instrument to be their free act.

Before me,

L. M., Justice of the Peace.

SECTION 11.

Another Form.

This agreement, made this 9th day of June, A. D. 1869, between A. B. of the one part, and C. D. of the other part, witnesseth: That whereas a marriage is intended to be had between said parties, and whereas said A. B. is possessed of real and personal estate, to wit: [here describe the estate,] which estate it is agreed shall remain the separate property of the said A. B., and subject entirely to her individual control and management, as if she were unmarried, the said C. D. not acquiring, by force of said marriage, for himself, his heirs, assigns or creditors, any interest therein, or in the use or control thereof, or in the income, rents, profits, or dividends arising thereout: and whereas it is also agreed, that all estate, real or personal, which said A. B. may hereafter acquire or become entitled to in any manner, shall be held by her to her separate use, as aforesaid, and be thereby placed beyond the control or management of said C. D.

Now therefore, it is agreed by said C. D., in consideration of said marriage and of one dollar paid to him by said A. B., that he will, at all times during the coverture of said A. B., permit her to control and manage said estate, and such estate as may hereafter come to her, as hereinbefore is named, and to receive, expend or re-invest, the income, rents, profits, and dividends thereof, at her own separate discretion, free from his interference or control, to her own separate use. And the said C. D. hereby covenants and agrees to and with said A. B., her heirs and assigns, that he will warrant and defend said estate and property, and all such estate and property as she may hereafter become in any manner entitled to, to said A. B. against himself and his heirs, to her separate use; that he will permit her to dispose of the same by will as she may bequeath the same; and that he will not, in any manner, interfere with her absolute control thereof.

Witness our hands and seals, the day and year above writ

ten.

[To be executed and acknowledged

as in the foregoing form.]

A. B. [L. S.]

C. D.

[L. S.]

CHAPTER XXXIII.

OF HUSBAND AND WIFE.

SECTION 1. Rights and Disabilities of Husband and Wife. We have alluded in Chapter V., pp. 79-81, to the powers and disabilities of married women, in the matter of agreements or contracts; and the statutes affecting the powers and disabilities of married women, in the different States, will be found in the Appendix. We shall, therefore, in this Chapter, only state those rights and disabilities of the husband and wife, and of the survivor of them, which exist at common law, and are not mentioned in either of the other places.

The rule was formerly held, that the husband had the same power over the person of the wife as over a child, servant, or apprentice. And, in an early edition of Phillips' Evidence, a highly respectable authority in the English common law is quoted, as saying, that according to the law of his day, a husband "might lawfully chastise his wife with a reasonable weapon, as a broomstick," adding, "but if he use an unreasonable weapon, as an iron bar, and death should ensue, it would be murder."

Whatever may have been the former English law, no doctrine allowing even "reasonable punishment," has been recognized in this country as legal. In this particular, each party has equal rights in this country; and neither may, under any provocation, lawfully strike the other. Against such violence and indignity, a wife may be protected in all cases, by having her husband put under bonds to keep the peace towards her, and, in many of the States, by divorce.

In most of the States, the limit of his legal power over her person is this: if she indicates a disposition to waste or de