John Archibald Campbell

“ Some doubt had been expressed whether, at law, a married woman could convey an estate vested in her in trust, and inconveniences have been suggested as arising from her asserted incapacity to make assurances which a court of law would recognise as valid. ”

“ The complainants are her own children, her heirs at law, who are seeking to divest of his estate a bona fide purchaser, and to acquire one for themselves-one to which their mother had no claim in equity or good conscience. Nor can the appellants avail themselves of the illegality of the consideration on which their mother became the trustee for Beebe. The trust has not only been constituted, but carried into execution. The appellee is not a mere volunteer seeking to enforce its terms, nor does his equity depend upon the validity of the trust for its support. ”

“ There is no incapacity in a married woman to become a trustee, and to exercise the legal judgment and discretion belonging to that character. A trustee in equity is regarded in the light of an instrument or agent for the cestui que trust, and the authority confided to him is in the nature of a power. It has long been settled that a married woman may execute a power without the co-operation of her husband. ”