Legal Opinion

Mowatt v. Graham

New York Court of Chancery

Decided April 1, 1833PublishedCited by 1 opinion

This bill was filed against Francis Graham and wife, by the daughters and son-in-law of the latter, claiming an account as children of one Grayson an intestate who had been the first husband of Mrs. Graham. She was entitled as his widow; and an order had been therefore entered allowing the defen- . . ° dants maintenance out of money m court.

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This bill was filed against Francis Graham and wife, by the daughters and son-in-law of the latter, claiming an account as children of one Grayson an intestate who had been the first husband of Mrs. Graham. She was entitled as his widow; and an order had been therefore entered allowing the defen- . . ° dants maintenance out of money m court. This order had not been acted upon for some time; and a petition was now presented, on behalf of the defendants, asking for a continuance of the maintenance. Although it was made out in the name of the two, yet it was merely signed by the solicitor for…

1Opinion of the Court

The Vice-Chancellor.

I cannot make an order upon this petition. The' estate out of. which the advance roquked, >« *576the wife’s property; and the court will not allow the husband to have it, unless she unites in the application and freely consents. The petition must be looked upon as Mr. Graham’s-; for, Mrs. Graham does not join by either signature or oath.

And even if she were consenting, still there would be a difficulty. The court is not in the habit of advancing money out of funds in court, except for maintenance and support. The petition merely states “ a necessary occasion ” for the…

2Cited by1 opinion

  1. Keiffer v. Barney Bros.Supreme Court of Alabama · 1857

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