ABSTRACT
WILL-BEQUEST TO MARRIED WOMAN not FOR HER SEPARATE USE-REDUCTION INTO POSSESSION BY HER HusBAND.-A. by his will bequeathed one-third of the residtie of bis personal estate to his niece B., but not for her separate use. The will was :{>repared by B.'s husband, who was A.'s confidential adVlser, and by it he was appointed sole trustee and executor. B.'s husband sub-· sequently made his will, and bequeathed the bulk of bis property to strangers. Upon' his death an action was brought by his trustees· for the administration of his estate, whereupon B. applied to the Court to have it declared that her husband's residuary personal estate represented the property bequeathed to her by A., and that her husband was merely trustee of such property for her-upon the ground that A., when bequeathing her BUch property, intended it to be for her separate use; that her husband ought to have informed A. that unless the property was left to her separate usa it would become his (the husband's) property, or that in praparing the will he ought to have so left it to her separate use, aud that if she was not, in consequenc& of such omission, entitled to tha whole of such property, then that she might be declared entitled to tW() sums of .f:1~,000 and .f:5,000, forming part of the :property bequeathed to her by A., and not reduced mt() possession by her husband.. .
