During our era, on marriage a woman became as one with her husband legally and therefore any property she possessed would automatically become her husbands property, to do with as he wished.<\/p>\n\n\n\n
Further that if no separate settlement granting her a right to her receive income from her own separate legal property during that marriage had been drawn up immediately prior to the marriage, then without any co-operation from her husband, Sir Thomas could not legally pass money to Julia without it becoming the property of Mr Yates.<\/p>\n\n\n\n
But in this\nsituation we, luckily, have a husband very desirous of pleasing his in-laws.\nSir Thomas eventually found that<\/p>\n\n\n\n
Julia\u2019s\nmatch became a less desperate business than he had considered it at first. She\nwas humble, and wishing to be forgiven; and Mr. Yates, desirous of being really\nreceived into the family, was disposed to look up to him and be guided. He was\nnot very solid; but there was a hope of his becoming less trifling, of his\nbeing at least tolerably domestic and quiet; and at any rate, there was comfort\nin finding his estate rather more, and his debts much less, than he had feared,\nand in being consulted and treated as the friend best worth attending to.<\/em> Sir Thomas\ntherefore could influence and prevail on Mr Yates , to, at the very least, make\na will favouring Julia on the event of Mr Yates’ death,and make provision for\nany future children in that will too.<\/p>\n\n\n\n There is also\nthe possibility that Sir Thomas could improve their not so hopeless finances\nfurther ,and Mr Yates could set up a trust ,with trustees appointed to hold\nmoney separately form himself to benefit Julia.<\/p>\n\n\n\n Look at this summation of the law from The Complete English Lawyer or every Man His Own Lawyer<\/a>\u00a0<\/em>originally published by Alexander Whellier.<\/p>\n\n\n\n The law\nconsiders husband and wife as one person; for the very being or legal existence\nof the woman is suspended during marriage, or at least is incorporated and\nconsolidated into that of the husband , under whose wing, protection and cover,\nshe performs everything and is therefore called a “femme covert”.<\/em><\/p>\n\n\n\n A man therefore cannot grant anything to his wife,\u00a0but by the intervention of trustees<\/strong>, or enter into covenant with her; for the grant would be to suppose her separate existence<\/em>\u00a0 To sum up , Mr Yates could accept money for Julia and their future children from Sir Thomas: execute a deed setting up trustees to hold the money for his wife, separate from himself and Julia could then receive the income. I would think the best people to appoint as trustees would be Tom and Edmund Bertram, Julia’s brothers.<\/p>\n\n\n\n Leaving Julia\nand their future children( if any) adequate provision in a will would solve any\nmoney problems for Julia on Mr Yates’ death.<\/p>\n\n\n\n Julia and Sir\nThomas are very lucky in that Mr Yates is not a bad or avaricious person and is\ndesirous to please his father in law. Had he been a Wickham, there is no way\nJulia would have had an assured financial position for the present of the\nfuture.<\/p>\n","protected":false},"excerpt":{"rendered":" During our era, on marriage a woman became as one with her husband legally and therefore any property she possessed would automatically become her husbands property, to do with as he wished. Further that if no separate settlement granting her … Continue reading
\nChapter 48.<\/p>\n\n\n\n
page 290<\/p>\n\n\n\n