Fox v. Davis
Massachusetts Supreme Judicial Court
Bill in equity, filed by a trustee, to obtain the direction of the court in the execution of his trust. The case was heard before Morton, J., upon the bill and answers, and was reserved for the consideration of the full court.
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Bill in equity, filed by a trustee, to obtain the direction of the court in the execution of his trust. The case was heard before Morton, J., upon the bill and answers, and was reserved for the consideration of the full court. The bill alleged that in April, 1870, and for a long time before, Lucian H. Davis of Taunton, and Mary A. Davis, his wife, had been living together very inharmoniously and in such a manner as to cause great discomfort to each other and great annoyance to the community; that April 8, for the purpose of effecting a peaceable separation, they and the plaintiff, as trustee…
1Opinion of the CourtEndicott, J.
It is contended by the husband that the agreement of separation and the trust created thereby cannot be upheld, because against public policy. The great weight of authority sustains the validity of such contracts, where the separation *258has taken place, or is to take place immediately. But where the agreement is made in contemplation of future separation, the current of authority is against its validity. In this case the bill recites that the parties have lived separately since the agreement.
So far as this court has passed upon the question, it has recognized the validity of such a contract for…
2Cases cited3 opinions
- Walker v. Walker'sSupreme Court of the United States · 1870
- Page v. TrufantMassachusetts Supreme Judicial Court · 1806
- Edgerly v. EdgerlyMassachusetts Supreme Judicial Court · 1873
3Cited by26 opinions
- Rains v. WheelerTexas Supreme Court · 1890
- Pryor v. PryorSupreme Court of Arkansas · 1908
- Sumner v. SumnerSupreme Court of Georgia · 1904
- Watts v. WattsMassachusetts Supreme Judicial Court · 1894
- Osborne v. OsborneMassachusetts Supreme Judicial Court · 1981
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