Under current English law, marriage invalidates any will written before the marriage (unless, I believe, it is explicitly written in anticipation of marriage to a named spouse-to-be). I don't know what the situation would have been in 1745 or 1746 (or whatever).
See Married Women's Property Act, 1882
Basically, if married after 1882, a woman has been able, under the provisions of the Married Women's Property Act, 1882, to hold any property, and to deal with it, just as though she were a
feme sole. So she has if married previously, provided the property has been acquired subsequent to 1882; but not otherwise.
(published in Title Deeds Old and New, 1928)
Then this book
Title Deeds Old and New by Francis R. Stead, p.47, also referring to Common Law before the 1882 change in the Law refers to coverture. Jointly seised and curtesy. Then several pages to the end of the chapter.
The wife could not devise by will during coverture ; but, if she survived her husband, she re-entered into full possession of her freehold estates. The husband could not deal with such estates beyond the extent of his interest therein ; nor could the lands, beyond the limit of such interest, be affected by his debts.
Together they could alienate ; but in such case it was requisite for the wife to be examined apart by a judge or two commissioners (after 1882, one commissioner).
There is more to it than above. The book also says page 46 ... A Will is revoked by marriage. But, under the new law, a will expressed to be made in contemplation of a marriage is not revoked by the solemnization of the marriage (L.P.A., 1925, Sect. 177.)
The above is NOT to be taken as Legal Advice as parts of the 1928 book will likely be out of date, refers to old Laws too and the above are only bits of the old book text.
Mark
