Wentworth v. Wentworth
Supreme Judicial Court of Maine
ON exceptions, and motion to set aside tbe verdict. Action of dower. Tbe writ was dated September 4, 1877. Tbe verdict was for demandant. ' Tbe defendant introduced in evidence a paper, signed, executed and acknowledged, February 4, 1867, by tbe plaintiff and ber deceased husband, Asa Wentworth, prior to and in contemplation of their marriage, by which they apparently intended "to bar each other of all rights, title and interest,- which we might otherwise have in each…
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ON exceptions, and motion to set aside tbe verdict. Action of dower. Tbe writ was dated September 4, 1877. Tbe verdict was for demandant. ' Tbe defendant introduced in evidence a paper, signed, executed and acknowledged, February 4, 1867, by tbe plaintiff and ber deceased husband, Asa Wentworth, prior to and in contemplation of their marriage, by which they apparently intended "to bar each other of all rights, title and interest,- which we might otherwise have in each other’s estate, by reason of the aforesaid marriage.” And the court admitted testimony, on the part of the plaintiff, of the…
1Opinion of the CourtPeters, J.
The jury found, that the former husband of the demandant was deceased at the time of her second marriage. The defendant contends that the evidence was insufficient to warrant the finding. The first marriage was in 1852, the other in 1867. In 1853, the first husband left Massachusetts for *74California. There is no evidence that he had in mind any definite place of abode or of business in the latter state. Since the year 1853, his wife has never heard from or had any account of him.
The rule of law is, that, upon a person’s leaving his usual home and place of residence, for temporary purposes, and…
2Cases cited2 opinions
- Tevis v. YoungCourt of Appeals of Kentucky · 1858
- Lessee of Scott and Others v. Ratliffe and OthersSupreme Court of the United States · 1831
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- Schaub v. GriffinCourt of Appeals of Maryland · 1897
- Modern Woodmen of America v. GhromleySupreme Court of Oklahoma · 1914
- Eklund v. Supreme Council of Royal ArcanumSupreme Court of Minnesota · 1922
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