Newcomb's Executors v. Newcomb
Court of Appeals of Kentucky
Case. 67 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Marriage is a status over which the sovereign will has unlimited control, except as restrained by the organic law. (1 Bishop on Marriage and Divorce, sec. 19.) Section 32, article 2 of the constitution of this state does not limit the power of the legislature over the institution of marriage, but simply defines the mode by which such power shall be exercised.
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Case. 67 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Marriage is a status over which the sovereign will has unlimited control, except as restrained by the organic law. (1 Bishop on Marriage and Divorce, sec. 19.) Section 32, article 2 of the constitution of this state does not limit the power of the legislature over the institution of marriage, but simply defines the mode by which such power shall be exercised. The legislature may confer power on the courts to dissolve the relation for cause or without cause; to proceed by appointing a guardian ad litem for a defendant of…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The appellee Cornelia W. Newcomb, by her next friend, J. L. Danforth, instituted the present action in equity in the Louisville Chancery Court on the 2d of March, in the year 1875, in which it is alleged that she is the widow of Horatio D. Newcomb, deceased, and as such entitled to dower in the realty owned by him at his death, and her distributable share of his personal estate; that her husband left a large and valuable estate, and a last will and testament by which he made various devises to his children and to others therein named, all of whom,…
2Cases cited1 opinion
- Benningfield v. Reed & SutherlandCourt of Appeals of Kentucky · 1847
3Cited by35 opinions
- Quarl v. AbbettIndiana Supreme Court · 1885
- Baker v. Baker, Eccles & Co.Court of Appeals of Kentucky · 1915
- State ex rel. Happel v. District CourtMontana Supreme Court · 1909
- Edwards v. SmithSupreme Court of Oklahoma · 1914
- Logsdon v. LogsdonCourt of Appeals of Kentucky · 1924
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