Legal Opinion · Dissent

Nichols v. Nichols

New York Court of Appeals

Decided April 8, 1954Published

1DissentVan Voorhis, J.

In our view it was not the intention of this agreement that the wife should receive more money for her personal use if she became less fit than the father to have custody of their children. She was not intended to derive a personal advantage if it were held that their welfare would best be served by transferring them to the father. Neither did the agreement confer upon her rights without duties, since she agreed to pay for their support, education and maintenance out of the $2,500 per month which the husband contracted to pay to her. Appellant does not dispute that it was her duty thus to…

2Cases cited27 opinions

  1. Harmony v. . BinghamNew York Court of Appeals · 1854
  2. Jones v. United StatesSupreme Court of the United States · 1878
  3. Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
  4. Lorillard v. . ClydeNew York Court of Appeals · 1894
  5. Duryea v. . BlivenNew York Court of Appeals · 1890

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