Summary

Ankeney v. Hannon — Opinion of the Court

It is contended that because equity enables her, having estate settled to her separate use, to charge that estate, and to contract debts payable out of it, therefore she is released altogether in the contemplation of equity from the disability of coverture, and is enabled in a court of equity to contract debts to be paid and satisfied out of any estate settled to her separate use, which she may afterwards acquire, or, to carry the argument to its logical consequences, out of any property which may afterwards come to her.
Source: Wikisource

Ankeney v. Hannon — Opinion of the Court

It is said that a married woman having separate estate has not merely a power of contracting a debt to be paid out of that separate estate, but, having a separate estate, has acquired a sort of equitable status of capacity to contract debts, not in respect only of that separate estate, but in respect of any separate estate which she may thereafter in any way acquire.
Source: Wikisource

Ankeney v. Hannon — Opinion of the Court

That is to be determined by the ordinary rules of equity, and we think it is clear that the contracts of married women are not chargeable in equity upon their subsequently acquired estates.
The separate estate of a married woman, as we have stated, is, in the absence of legislation on the subject, created by conveyance, devise, or contract. Its creation gives to her the beneficial use of the property, which otherwise would not be brought under her control.
Source: Wikisource

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