Walker v. Walker's
Supreme Court of the United States
Appeal from the Circuit Court for the District of Massachusetts ; the case was this: In September, 1845, Dr. William Walker, then a citizen of Charlestown, Massachusetts, without cause, compelled his wife and two of their children to leave his house. Before this time he had treated his wife with great harshness and cruelty, proceeding so far as to inflict personal violence on her.
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Appeal from the Circuit Court for the District of Massachusetts ; the case was this: In September, 1845, Dr. William Walker, then a citizen of Charlestown, Massachusetts, without cause, compelled his wife and two of their children to leave his house. Before this time he had treated his wife with great harshness and cruelty, proceeding so far as to inflict personal violence on her. This conduct entitled his wife, by the laws of Massachusetts, to a decree of divorce from bed and board, and fur a proper allowance of alimony; and, with a view to obtain these, she applied to counsel to take legal…
1Opinion of the Court
Mr. Justice DAYI8
delivered the opinion of the court.
The bill here seeks to charge the estate of Dr. Walker, in the hands of his executors, with a trust in favor of his widow. The court below found that the trust existed and was valid, and this appeal seeks to review that decision as erroneous.
Two pi’incipal questions are presented for consideration:
1st. Is the trust created by the articles of separation in this case valid, and will a court of equity enforce it?
2d. Can a husband be a trustee for his wife; and if so, did Dr. Walker constitute himself such a trustee or not?
It is contended that…
2Cases cited3 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
- Nichols v. PalmerSupreme Court of Connecticut · 1811
3Cited by67 opinions
- Winter v. . WinterNew York Court of Appeals · 1908
- Rains v. WheelerTexas Supreme Court · 1890
- Randall v. RandallMichigan Supreme Court · 1877
- Security Trust Co. v. Black River National BankSupreme Court of the United States · 1902
- Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
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