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Reports of Cases in Chancery Argued And Determined in the Court of Appeals of So

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Reports of Cases in Chancery Argued And Determined in the Court of Appeals of So
W R William Randolph Hill
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For the trustee cove- nanted to save the husband harmless against his wife's debts. This, in equity, is regarded as such a valuable consideration, as will protect tlie property thus conveyed from the husband's del)ts Atherley, in his Treatise on *Marriage Settlements, p. 379, speaking of settle- r^gotr ments by way of separate maintenance, says, " with respect to the ^ validity of such settlements, as against the husband's creditors, I may observe, that where the husband is indemnified against ...his wife's debts, that ^/lere there is no doubt of its validity. " In this position he is cer- tainly sustained and borne out by Stephens v. Olive, 2 B. C. C. 92, in which the Master of the Rolls (Sir Lloyd Kenyon) held that the cove- nants by the trustees, in the second settlement, to indemnify the husband against the debts which the wife might contract after separation, was a valuable consideration, and therefore that this settlement, although made after the debt due to the plaintiff was contracted, was also good against him.

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