9 Barb. 366 | N.Y. Sup. Ct. | 1850
The third section of the act of April 7th, 1848, entitled “An act for the more effectual protection of the property of married women,” as amended by the act of April 11th, 1849, reads as follows: “ Any married female may take by inheritance, or by gift, grant, devise or bequest from any person other than her husband, and hold to her sole and separate use, and convey and devise', real and personal property, and any interest or estate therein, and the rents, issues and profits thereof, in the same manner, and with the like effect, as if she were unmarried. And the same shall not be subject to the disposal of her husband, nor be liable for his debts.” This statute, undoubtedly, was intended to vest the title to real estate conveyed to the wife during coverture, in her, and to secure it to her sole and separate use, beyond the control of her husband or his creditors. And where the intention of the legislature is apparent it is the duty of the courts to see that the design and object of the statute is not eluded by construction, but on the contrary, is per