Chapman v. Gray
Supreme Court of Georgia
Motion to revoke probate of will. Jones Superior Court. Before Judge Johnson, April Term, 1850. By articles of separation entered into between Ambrose Chapman and Grace Chapman, his wife, and James Smith, as' trustee for the wife, dated 7th April, 1843, it was recited, that Chapman and his wife having “ agreed to live separate and apart in future; and the said Ambrose Chapman, for the purpose of restoring to her, the said Grace Chapman, the property that she owned before the…
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Motion to revoke probate of will. Jones Superior Court. Before Judge Johnson, April Term, 1850. By articles of separation entered into between Ambrose Chapman and Grace Chapman, his wife, and James Smith, as' trustee for the wife, dated 7th April, 1843, it was recited, that Chapman and his wife having “ agreed to live separate and apart in future; and the said Ambrose Chapman, for the purpose of restoring to her, the said Grace Chapman, the property that she owned before the intermarriage, and, also, of his own being unincumbered in future on her account,” conveyed to Smith, as trustee,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
This case has been thoroughly discussed c® both any, have been better argued at this bar ; ank iPtmu law is mjs *344apprehended, the fault will not, certainly, be at the door of the learned counsel.
The question to be decided is this: may a valid agreement be made between husband and wife, through the intervention of a trustee, for an immediate separation, and for a settlement of property upon the wife, by way of separate allowance, with the power of testamentary disposition after her death ?
The articles recite, that the object of the husband was to…
2Cases cited2 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- Blaker v. Cooper ex rel. RiceSupreme Court of Pennsylvania · 1822
3Cited by20 opinions
- Pryor v. PryorSupreme Court of Arkansas · 1908
- Randall v. RandallMichigan Supreme Court · 1877
- Sumner v. SumnerSupreme Court of Georgia · 1904
- Brown v. FarkasSupreme Court of Georgia · 1943
- Ramsay v. SimsSupreme Court of Georgia · 1952
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