7 Pa. 530 | Pa. | 1848
Under the settlement of the 8th of September, 1818, Mrs. Hardy took a separate estate in the rents, issues, and profits of the land limited in trust, coupled with a power to revoke the uses and estates declared by the deed, and to appoint new uses. Has she properly exercised this power by either or both of the conveyances executed by her and her husband, to Jennings ? is the only question the case presents.
Since Lancaster v. Dolan, it is the settled law of this state, as it is in some others of the confederacy, that a married woman, in respect to her separate estate, is deemed a feme sole only to the extent of the power conferred by the instrument by which the estate is settled. But this case, following in the track of the older
But it is objected that Jennings became the purchaser at his own sale, made in pursuance of the trust created by the deed to him, in violation of his duty of trustee, and consequently the sale is void, at the election of the cestui que .trust. This point does not dis -
This view covers the whole controversy, and renders it unnecessary to consider the minor points made in the argument.
Judgment reversed, and a venire de novo awarded.