Waiver  and  Release  of/]  The  wife  may  waive  her  equity  consent  to  pay-
and  may  also  waive  any  agreement  made  by  her  in  respect  ™''"  *"  '"'»''^''-
of  it,  though  such  agreement,  if  carried  out,  would  be  bene-
ficial to  the  children  of  the  marriage.  Thus,  where  the  hus-
band signed  an  agreement  after  marriage  to  secure  half  his
wife's  property  to  her,  she  was  held  entitled  to  waive  this
agreement  and  consent  to  the  fund  being  paid  to  him,  though
the  children  in  consequence  were  deprived  of  the  benefit  they
would  otherwise  have  taken  under  the  settlement.  Fenner
V.  Taylor,  2  R.  &  My.  190.  But  the  court  will  not  take  the
wife's  consent,  if,  prior  to  the  marriage,  terms  of  a  settlement
are  agreed  to,  which  would  enure  for  the  benefit  of  the  chil-
dren of  the  marriage.  Ex  parte  Gardner,  2  Ves.  sen.  671.
The  wife  may  also  waive  her  equity  and  consent  in  court,  or
under  a  commission  out  of  court,  to  the  transfer  of  the  fund
to  her  husband.  Dimmock  v.  Atkinson,  3  B.  C.  C.  195.
Where  the  wife  is  abroad,  a  commission  will  be  ordered  to  wue  abroad,
take  her  consent.  Gibbons  v.  Kibbey,  7  Jur.,  N.  S.  1298;
Ireland  v.  Trembaith,  14  W.  R.  275.  If  the  husband  and
wife  apply  for  an  order  for  payment  to  him,  her  consent  is
unnecessary.  Shillito  v.  Collett,  7  Jur.,  N.  S.  385.  The  wife  iniant.
court  will  not  take  the  consent  of  a  wife  who  is  under  age
{Stubbs  V.  Sargon,  2  Bea.  496;  Abraham  v.  Newcombe


366


Husband  and  Wife.
Consent  revoked.
Amount  must  be
ascei- tallied.
Ko  settlement.
Where  fund  re-
vereiouary.
Formerly  one-
half  in  general.
Considerations
Influencing  court.
