Clough v. 4 Bro. R. May v. Hook, Tit. 18. c. 2. $18. Tit. 7. c. 1. § 38. 3 Atk. 613. say the whole property is bound, or decree the articles to be specifically performed." 19. Lord Thurlow adhered to this opinion in the following case. A bill was brought on behalf of the infant children of the marriage, after the husband's death, against his widow; praying that marriage articles might be established and specifically performed, entered into before marriage by Patty Clough the widow, while an infant, and her guardian, for settling her estate, and lands of her husband, as therein mentioned. She, by her answer, insisted that she had done nothing after her full age to affirm the articles, therefore that her estates were not thereby bound; waiving any right under the same in the lands of her late husband. The decree declared that her estate was not bound by the marriage articles; and the bill was dismissed without costs... 20. It follows that a deed executed by a female infant, though in consideration of marriage, does not bind her, unless she assents to it after the death of her husband. The acceptance of a jointure may at first sight appear to form an exception to this rule. But it has been shown that a woman is not barred of dower by a jointure in consequence of any agreement of her's; but by force of the statute. 21. Lord Hardwicke has said that a female infant may enter into an agreement before marriage respecting her personal estate, which will bind her: Vide 1 Bro. for such agreement must be in some way beneficial to her, as otherwise her husband would be entitled to it. R. 111. By Male Infants. 22. Though a male infant cannot in general affect his estate by any deed executed by him in conside ration of marriage *; yet where a male infant married an adult female, who covenanted that her estate should be limited to certain uses, he was held to be bound by such covenant, 23. A male infant married an adult female, who Slocomb v. Glubb, covenanted that her estate should be settled to certain 2 Bro. R. uses. Upon a bill filed by the trustees of the settle- 545. ment, to have it carried into execution by the husband and wife, the husband insisted that, being an infant when he executed the settlement, he was not bound by it. Lord Thurlow said, if a woman before marriage conveys her property, and agrees to settle her general expectations, when they shall fall in, and this be done without any fraud upon the intended husband, such an agreement must be executed; and the husband, when of age, must answer for her contract. It was not therefore necessary to discuss the other question, how far the infant husband could be bound by his own contract; for he went upon the covenant of the wife, who was adult. The husband's covenant operated no more than to show his concurrence, and to take away every imputation of fraud from the transaction. tees may convey. 24. By the statute 7 Ann. c. 19. it is enacted, that Infant Trusall infant trustees and mortgagees shall be compellable to make such conveyances and assurances as the Court of Chancery or Exchequer shall direct; which shall be as good and effectual in law, as if the said infants were of full age. But in such cases the 10 Ves. 554. necessary costs of the infant will be allowed by the Court. Vide Hollingshead v. Hollingshead, cited 2 P. Wms. 229.. Where a covenant by a male infant, to execute a power of appointing a jointure, was held good. Att. Gen. v. 2 Cox, 221. Id. - 422. Idiots and 1 Inst. 247 a. Thompson v. Leach, Tit. 16. c. 6. infra, c. 4. Married Women. 25. It is now settled, that this act only extends to cases where infants are bare trustees for the cestui que trust, and bound to convey to them; not to cases where there are any particular trusts to be executed. 26. It was formerly held, that neither an idiot nor lunatic could avoid his own deed. It is however now settled, that idiots are incapable of binding themselves by deed; and also lunatics, unless they agree to such deed upon recovering their understanding; that the heir of an idiot or lunatic may avoid a deed executed by him, by pleading his disability. But if an idiot or lunatic makes a feoffment, and delivers seisin in person, it is not absolutely void, but only voidable. 27. By the statute 4 Geo. II. c. 10., idiots, lunatics, and generally all persons who are non compos mentis, or their committees, being trustees or mortgagees, are compellable to convey, under the direction of the Court of Chancery, the estates of which they are seised as trustees or mortgagees only; and all such conveyances are declared to be good and valid. 28. By the statute 43 Geo. III. c. 75. § 1. the Courts of Chancery of England and Ireland are enabled to order the freehold and leasehold estates of lunatics to be sold, or charged and incumbered by way of mortgage, or otherwise, for the purpose of raising such sums of money as shall be necessary for payment of the debts, and for performing the engagements of such persons; and to order the committee or committees of the estate of such persons respectively, to execute proper conveyances of such estate. 29. All deeds executed by married women, except 1 Inst. 42 b. a queen consort, for the purpose of conveying their estates, are absolutely void at law, not merely voidable. Deeds of this kind are also void in equity. n. 4. And no act of the wife, after the death of her husband, except in the case of a lease, will in general operate infra, c. 5. as a confirmation of them. Bartholo mew, 2 P. 30. A husband and wife made a mortgage of a Drybutter v. share in the New River, which was the estate of the wife, by a demise for 1,000 years, by deed. Upon Wms. 127. the death of the husband, the wife received the profits, and paid the interest of the mortgage. But she was held not to be bound. 31. The acknowledgement of a deed executed by a woman during her marriage, after the death of her husband, may however, in some cases, amount to a redelivery of it, and so render it valid. 32. A man and his wife being entitled to the re- Goodright v. Straphan, version of a house, in right of the wife, by deed Cowp. 201. executed by the husband and wife, conveyed it to a person, by way of mortgage. After the death of the husband, the wife, by three different papers under her hand, acknowledged the mortgage. It was held by the Court of K. B. that these papers were equivalent to a redelivery of the deed. 33. By the custom of London, and of several other Hob. 225. cities, a married woman may bind herself by a deed enrolled; being privately examined. This custom was confirmed in the reign of Henry VIII. by a 34, 35 H. 8. positive statute. c. 22. 34. A married woman may execute a naked authothority, and a power to convey lands is now frequently given to a married woman, by means of a conveyance Vide infra. to uses. 35. If a husband abjures the realm, or is banished, he is thereby become civiliter mortuus; his wife is considered as a feme sole; and may act in all things as if her husband was naturally dead. c. 13. 1 Inst. 132 b. 3 P. Wms. 2 Vern. 104. 37. Persons attainted. 36. Persons attainted of treason, felony, or præ munire, are incapable of conveying away their estates, by deed, or otherwise, from the time when the of1 Inst. 390 b. fence was committed. For any conveyance by them subsequent to that event, would tend to defeat the king of his forfeiture, and the lord of his escheat. Who may be 1 Inst. 2. Idem. 1dem. Golds. 29. 1 Inst. 2 b. 37. By the common law all persons whatever may be grantees in a deed, because it is supposed to be for their benefit. Thus, Lord Coke says, an infant may purchase, and at his full age, he may either agree thereunto, and perfect it; or without any cause to be alleged waive, or disagree to the purchase. So may his heir after him, if he agreed not thereto after his full age. 38. A man of nonsane memory may also, without the consent of any other, purchase lands; nor can he himself waive it. If he die in his madness, or after his memory recover, without agreement thereunto, his heir may waive it, without any cause showed. So of an idiot. But if the man of nonsane memory recover his memory, and agree, it is unavoidable. 39. An alien may be grantee in a deed, though he cannot hold the land; for upon office found the king shall have it by his prerogative. If an alien be made a denizen, he then becomes capable of holding lands purchased after his denization. But it seems, that if an alien purchases land, and before office found the king makes him a denizen and confirms his estate, the confirmation will be good. 40. If a man commits felony, afterwards purchases lands, and after is attainted, he had capacity to purchase, but not to hold it; for the lord, of the fee shall have it by escheat. If a man be at |