Duncan's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Franhlin county. This was an appeal by Augustus Duncan, Calvin M. Duncan, and William A. Duncan, from the decree of the Common Pleas on a hill in equity filed by John W. Reges against them and Mary W. Roges, wife of complainant.
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Appeal from the Common Pleas of Franhlin county. This was an appeal by Augustus Duncan, Calvin M. Duncan, and William A. Duncan, from the decree of the Common Pleas on a hill in equity filed by John W. Reges against them and Mary W. Roges, wife of complainant. The bill, which was filed to January Term 1861, set forth, in substance, that, on the 23d of August 1859, Mary W. Meals, widow of Moses B. Meals (now wife of complainant), was the owner, in her own right, of a considerable amount of real estate, stocks, moneys, securities, and other personal property. That, on and before that day, there…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
We feel very sure that no fraud W'as intended here, and very probably the arrangement was very discreet and prudent; but it W'as very improper to make it without the consent of the intended husband. Common candour forbids that so important a change in his intended wife’s circumstances, and in her power over her estate, should be made without his consent, and equity sternly condemns it as a fraud upon his just expectations. This principle of equity has stood the test of experience too long to be open to dispute now.
Nor does our Married…
2Cited by6 opinions
- Windolph v. Girard Trust Co.Supreme Court of Pennsylvania · 1914
- Putnam v. TylerSupreme Court of Pennsylvania · 1888
- Smigell v. BrodSupreme Court of Pennsylvania · 1951
- Kirk v. KirkSupreme Court of Pennsylvania · 1940
- Overbeck v. McHaleSupreme Court of Pennsylvania · 1946
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