Temple v. Hawley
New York Court of Chancery
The bill in this cause was Sled on the 17th of October, 1842. It set forth that in the early part of the year 1839, a contract of marriage was entered into between Robert E. Temple the complainant, and Catharine Margaret James, one of the defendants, with the consent of her mother, to be solemnized in June following.
Read the full summary
The bill in this cause was Sled on the 17th of October, 1842. It set forth that in the early part of the year 1839, a contract of marriage was entered into between Robert E. Temple the complainant, and Catharine Margaret James, one of the defendants, with the consent of her mother, to be solemnized in June following. That said Catharine being seised of a large real estate, estimated at $100,000, and of about $35,000 of personal estate, being her share in the property of her father, the late William James, deceased; the complainant in the month of May, 1839, suggested to her mother and…
1Opinion of the Court
The Assistant Vice-Chancellor.
The first question in this case is the effect of the deed of marriage settlement on the title and interest of Mrs. Temple in her real estate. She did not execute the deed, and has never sanctioned it. Indeed, so far as a married woman can, she has dissented from it, and refused to give it her sanction. As to her, its validity rests wholly upon the force and effect of the deed, and of the order of this court, appointing her mother to be her special guardian. The mother was appointed for the purposes of assenting to the contemplated marriage of Mrs. T., of…
2Cases cited3 opinions
- Townsend v. CorningNew York Supreme Court · 1840
- Champlin v. LaytinNew York Court of Chancery · 1836
- McCartee v. TellerCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by1 opinion
- Moses Bros. v. MicouSupreme Court of Alabama · 1885