Huber v. Huber's Administrators
Ohio Supreme Court
This is a bill in chancery from the county of Fairfield. It is a suit against the administrators of John Huber, to compel the payment of two sums of money, which it is alleged accrued to her during the marriage, and out of the dower estate of her former husband, John Graham. The bill avers that the said John Graham made several entries of land, upon which partial payments were made; that the lands thus entered became forfeited to the government in consequence of non-payment.
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This is a bill in chancery from the county of Fairfield. It is a suit against the administrators of John Huber, to compel the payment of two sums of money, which it is alleged accrued to her during the marriage, and out of the dower estate of her former husband, John Graham. The bill avers that the said John Graham made several entries of land, upon which partial payments were made; that the lands thus entered became forfeited to the government in consequence of non-payment. That afterward, in the year 1830, her two daughters, in pursuance of the laws of Congress with regard to forfeited…
1Opinion of the CourtGrimke, J.
It is admitted by the counsel for the defendant that 373] a husband may, during his life, settle a separate estate *upon his wife; that is, he may (there being no claims of creditors to forbid it) transfer property to his wife in which she never had any beneficial interest, and which will inure to her as her separate estate. This may be done even without the appointment of a trustee. A court of equity would, if necessary, appoint one to execute the intentions of the husband. But the equity of the wife in the present case, presents even a stronger case to the consideration of the court, for…
2Cited by2 opinions
- Riegel v. BeltOhio Supreme Court · 1928
- Bundy v. Iron Co.Ohio Supreme Court · 1882