Notes of Lectures On Equity Jurisprudence to Accompany Merwin's Equity; Prepared for the Use of Students of the Law School of the University of Virginia

Cover Notes of Lectures On Equity Jurisprudence to Accompany Merwin's Equity; Prepared for the Use of Students of the Law School of the University of Virginia
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Montague, 113 Mass. 353.
156 Notes on Equity Jurisprudence; property right, paramount to the claims of her husband's cred- itors, he may make a vahd settlement upon her in consideration of a release of her contingent right of dower in his lands — ■ as on a sale or mortgage thereof — provided the settlement be made contemporaneously with the release, or in pursuance of a prior or contemporaneous promise on his part, and provided further that the settlement is not grossly in excess of the value o
...f the right released.^* Page 292, § 539. Relative rights of creditors and family.
— The doctrine of the Text is unsound, as we have already abundantly indicated, and as will further appear in notes to follow.
Page 292, § 539. Life insurance — payment of premiums by insolvent debtor.— The doctrine of the Text that an in- solvent debtor may insure his life for the benefit of his wife or family, and pay the premiums out of his earnings or other- wise, without giving just cause of complaint to his existing creditors, while sustained by respectable authority, seems to have its foundation rather in judicial sympathy for the wife and children than in any sound principle of equity.


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