Van Aernam v. Van Aernam
New York Court of Chancery
The bill in this case was filed by the husband to obtain a divo rce from his wife, upon the ground of her adultery. It appeared from the bill that the defendant had two children; who, as the complainant charged, were illegitimate. And from the proofs it appeared that she had another child born a short time after the filing of the complainant’s bill.
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The bill in this case was filed by the husband to obtain a divo rce from his wife, upon the ground of her adultery. It appeared from the bill that the defendant had two children; who, as the complainant charged, were illegitimate. And from the proofs it appeared that she had another child born a short time after the filing of the complainant’s bill. The master to whom it was referred to take proofs of the facts and circumstances stated in the bill, reported that the defendant had been guilty of the adultery charged; and that all three of the children were illegitimate.
1Opinion of the Court
The Chancellor.
The adultery is sufficiently established, in this case, to entitle the complainant to a divorce. But the master erred in supposing that the testimony before him was sufficient to authorize the court to declare all the children illegitimate. The statute declares that when the husband is complainant, the legitimacy of children, born or begotten before the commission of the offence charged, shall not be affected by the decree. And even as to children begotten after that time, and before, the commencement of the suit for the divorce, their legitimacy shall be presumed until the…
2Cited by21 opinions
- In Re the Estate of FindlayNew York Court of Appeals · 1930
- In re the Estate of SmithNew York Surrogate's Court · 1930
- State v. LavinSupreme Court of Iowa · 1890
- Mayer v. DavisAppellate Division of the Supreme Court of the State of New York · 1907
- Admire v. AdmireNew York Supreme Court · 1943
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