Carter v. Carter
New York Court of Chancery
In this case the wife, by her next friend, filed a bill against her husband to secure an equitable allowance out of two bonds and mortgages and certain stocks bequeathed to her by her father. The husband being a lunatic, the biR also prayed that a committee of his person and estate might be appointed by the court. The husband put in his answer by a guardian ad litem, appointed by the court for that purpose, and the facts were ascertained by a reference to a master.
1Opinion of the Court
*464The Chancellor :—Upon the principle of the decision in Kenny v. Udal & Kenny, (5 John. Ch. Rep. 464,) the complainant has a claim in equity to so much of the property devised to her by her father as is necessary for her support and maintenance, and the husband is not entitled to assign the two bonds and mortgages, or the insurance stock in the bill mentioned, or to collect the principal or interest of the mortgage, or receive the dividends on the stock, until a suitable provision is made by him for her support. But as he is not now in a situation to make such provision, and cannot transact…
2Cited by3 opinions
- Abbey v. DeyoNew York Supreme Court · 1863
- First National Bank of Canton v. WashburnAppellate Division of the Supreme Court of the State of New York · 1897
- In re WrightDistrict Court, S.D. New York · 1883