Clark v. Clement
Supreme Court of New Hampshire
Petition eob Pabtition. Transferred from the September term, 1900, of the supreme court upon an agreed statement of facts, by Pike, J. The plaintiff and Hannah F. Clark were married in 1856, and lived together until December, 1877, when they separated by mutual agreement. After the separation the plaintiff removed to Pennsylvania, where he has since resided.
Read the full summary
Petition eob Pabtition. Transferred from the September term, 1900, of the supreme court upon an agreed statement of facts, by Pike, J. The plaintiff and Hannah F. Clark were married in 1856, and lived together until December, 1877, when they separated by mutual agreement. After the separation the plaintiff removed to Pennsylvania, where he has since resided. During his residence there, and prior to 1885, he cohabited with another woman as his wife, -which fact was known to Hannah, and was so living at the time of Hannah’s death. Neither party applied for a divorce or made any effort to resume…
1Opinion of the CourtWalker, J.
The defendants claim, in the language of the statute (P. S., c. 195, s. 18), that the plaintiff “willingly abandoned his wife ” and “ absented himself from her . . . for the term of three years next preceding her death,” and that therefore he is not “ entitled to any interest or portion in her estate.” The separation which took place in 1877, by mutual agreement, was not such an abandonment on the part of the plaintiff as is contemplated by the statute, notwithstanding its continuance to the time of her death in 1899. There is no evidence that she ever in fact revoked her agreement, or…
2Cases cited1 opinion
- Clark v. ClarkMassachusetts Supreme Judicial Court · 1867
3Cited by7 opinions
- Sammons v. Higbie's EstateSupreme Court of Minnesota · 1908
- Kantor v. BloomSupreme Court of Connecticut · 1916
- American v. HayhurstDistrict Court, D. New Hampshire · 2000
- Brodeur v. Claremont School DistrictDistrict Court, D. New Hampshire · 2009
- Carey v. EglodyDistrict Court, D. New Hampshire · 2006
2 more not listed; retrieve them via the Exa API.