Shirley v. Shirley
New York Court of Chancery
This was an appeal by the complainant from a decree of the vice chancellor of the first circuit dismissing her bill. 'The complainant was the wife of the defendant W. W. Shirley, and the bill was filed to protect the furniture in (q,e house of her husband from a mortgage thereon, given by him to the defendant Lambert, under the following circumstances : A part of the furniture was claimed as having-been bequeathed to the complainant by her deceased aunt; and as to the…
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This was an appeal by the complainant from a decree of the vice chancellor of the first circuit dismissing her bill. 'The complainant was the wife of the defendant W. W. Shirley, and the bill was filed to protect the furniture in (q,e house of her husband from a mortgage thereon, given by him to the defendant Lambert, under the following circumstances : A part of the furniture was claimed as having-been bequeathed to the complainant by her deceased aunt; and as to the residue, she claimed that she had purchased it with monies which she received for the rents of real estate, which had been…
1Opinion of the Court
The Chancellor
decided that as the specific articles of furniture bequeathed to the wife by her aunt, were not bequeathed to her separate use, or free from the control of the husband, they were subject to his control, and were liable to his debts after they had been reduced to possession by him. That where personal chattels were bequeathed to a feme covert for her separate use, or were bequeathed to a single woman free from the control of her future husband, the court of chancery would protect her interest therein against the creditors of her husband, although no trustee was named in the will…
2Cited by6 opinions
- Child v. PearlSupreme Court of Vermont · 1870
- Bridges v. McKennaCourt of Appeals of Maryland · 1859
- Fitch v. . RathbunNew York Court of Appeals · 1875
- Kirkpatrick v. BufordSupreme Court of Arkansas · 1860
- Allen v. AllenSupreme Court of Alabama · 1885
1 more not listed; retrieve them via the Exa API.