corpus of the trust became her separate property in equity, and it might encompass realty, or personalty, both tangible and intangible. [FN6] The wife, by the trust device, did not have the use of the property in her separate estate, but she could convey it by deed or will, and she could make contracts that, although not enforceable against her personally, might be enforced against her separate estate. Married Woman's Act Thus, for those who could afford solicitors, meaning the affluent, the trust device and equitable principles somewhat relieved wives from the harsh feudalistic principles of the common law. The next significant step was the passage of Married Women's Property Acts [FN7] during the mid-19th Century which, in general, conferred legal capacity on wives to leave and dispose of their own property, to contract and to sue or be sued. Until the passage of the Married Women's Property Acts, [FN8] New York law pertaining to husband and wife closely resembled the common law. A revolutionary reform, however occurred in 1848 when New York was one of the first states to enact the Married Women's Property Acts. The 1848 statute was the first in a series of related statutes designed to "emancipate" wives from feudalistic concepts. Domestic Relations Law (DRL) s50 entitled Property of Married Women provides: Property, real or personal, now owned by a married woman, or hereafter owned by a woman at the time of her marriage, or acquired by her as prescribed in this chapter, and the rents, issues, proceeds and profits thereof, shall continue to be her sole and separate property as if she were unmarried, and shall not be subject to her husband's control or disposal nor liable for his debts." [FN9] This provision was the key section of New York's Married Women's Property Acts and constituted a radical reform of the common law property system. Once wives were permitted to own, manage and dispose of their own property, thereby cutting off the husband's former prerogatives in that regard, the door was opened for their economic independence if they had an estate. [FN10] Pursuant to DRL s50, it was early held that where a wife carries on a business on the credit of her separate estate, the common law rights of her husband did not attach to the profits and earnings of such business. [FN11]
corpus of the trust became her separate property in equity, and it might encompass realty, or personalty, both tangible and intangible. [FN6] The wife, by the trust device, did not have the use of the property in her separate estate, but she could convey it by deed or will, and she could make contracts that, although not enforceable against her personally, might be enforced against her separate estate. Married Woman's Act Thus, for those who could afford solicitors, meaning the affluent, the trust device and equitable principles somewhat relieved wives from the harsh feudalistic principles of the common law. The next significant step was the passage of Married Women's Property Acts [FN7] during the mid-19th Century which, in general, conferred legal capacity on wives to leave and dispose of their own property, to contract and to sue or be sued. Until the passage of the Married Women's Property Acts, [FN8] New York law pertaining to husband and wife closely resembled the common law. A revolutionary reform, however occurred in 1848 when New York was one of the first states to enact the Married Women's Property Acts. The 1848 statute was the first in a series of related statutes designed to "emancipate" wives from feudalistic concepts. Domestic Relations Law (DRL) s50 entitled Property of Married Women provides: Property, real or personal, now owned by a married woman, or hereafter owned by a woman at the time of her marriage, or acquired by her as prescribed in this chapter, and the rents, issues, proceeds and profits thereof, shall continue to be her sole and separate property as if she were unmarried, and shall not be subject to her husband's control or disposal nor liable for his debts." [FN9] This provision was the key section of New York's Married Women's Property Acts and constituted a radical reform of the common law property system. Once wives were permitted to own, manage and dispose of their own property, thereby cutting off the husband's former prerogatives in that regard, the door was opened for their economic independence if they had an estate. [FN10] Pursuant to DRL s50, it was early held that where a wife carries on a business on the credit of her separate estate, the common law rights of her husband did not attach to the profits and earnings of such business. [FN11]