J HIPPOLITE Vs. C STUART

JUDGEMENT

(1.) The question which is submitted to us by this reference is, whether Section 8 of Act III of 1874 extends to separate property of a married woman, which is subject to a restraint upon anticipation.

(2.) It seems to me that the view which has been taken of this point by the learned Judge of the Small Cause Court is perfectly correct; and that the reasoning by which he arrives at his conclusion is quite satisfactory.

(3.) Mrs. Stuart, the lady against whom this suit is brought, had a sum of Rs. 50,000 settled upon her by her father and placed in the hands of trustees for her benefit. The interest was to be paid to her from time to time by the trustees, and she was only to have a power of disposing of the property by will.