CH.    XXXVII.]  MARRIED   WOMEN.  745

right  to  carry  on  trade,  on  her  sole  account,  may,  independently
of  any  such  custom,  be  established  by  an  agreement  between
the  husband  and  wife,  before  or  after  marriage.  When  such
an  agreeni'ent  is  entered  into  before  marriage,  it  stands  upon  a
valuable  consideration ;  and,  therefore,  if  there  is  the  interpo-
sition of  trustees,  it  will  be  maintained  against  the  husband
and  his  creditors,  as  well  at  law  as  in  Equity.  In  such  a  case,
the  trustees  of  the  wife  will  be  entitled  to  the  property  as-
signed, and  to  the  increase  and  profits  thereof,  for  her  sole  and
separate  use  and  benefit.  The  wife  will,  even  at  law,  be  con-
sidered as  the  mere  agent  of  her  trustees,  and  her  possession
as  their  possession.  Even  if  no  trustees  are  interposed,  the
property  will,  in  the  like  case,  be  protected  in  Equity  against
the  claims  of  the  husband  and  his  creditors,  and  excepted  out
of  the  general  rules,  which  govern  in  cases  of  husband  and
wife.^

§  1386.  Where  the  agreement  for  a  separate  trade  by  the
wife  occurs  after  marriage,  and  it  is  founded  upon  a  valuable
consideration,  the  like  protection  will  be  given  at  law,  if  the
property  is  vested  in  trustees;  and  the  property,  and  the  in-
come and  profits  thereof,  will  be  held  secure  for  the  wife
against  the  husband  and  his  creditors.^  A  fortiori^  the  doc-
trine will  be  enforced  in  Equity.  But  if  it  is  a  voluntary
agreement,  it  will  be  good  against  the  husband  only,  and  not.
