In re Staheli
New Jersey Court of Chancery
Heard on petition, affidavits, answering affidavits and depositions. Application under the statute (2'Gen. Stat. p. 2016 § 22) providing “that any married woman who owns real property in the State of New Jersey, and is living in a state of separation from her husband, and whose husband neglects and refuses to maintain and support her, may at any time during the continuance of such separation, neglect and refusal,” &e., apply to the court of chancery and become empowered by…
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Heard on petition, affidavits, answering affidavits and depositions. Application under the statute (2'Gen. Stat. p. 2016 § 22) providing “that any married woman who owns real property in the State of New Jersey, and is living in a state of separation from her husband, and whose husband neglects and refuses to maintain and support her, may at any time during the continuance of such separation, neglect and refusal,” &e., apply to the court of chancery and become empowered by the order of the court to sell, &e., her real estate except such as came to her by gift from her husband, “in the same…
1Opinion of the Court
Stevenson, V. C.
The effort which was made to show that the land in question came to the petitioner by gift from her husband entirely failed, and no discussion of that point is necessary. All the other facts necessary to bring this application within the terms of the statute are admitted, except the allegation that the husband is neglecting and refusing to support the wife. The husband stands in court offering to prove that the separation is wholly due to the fault of the wife — that she in fact has excluded him from her residence which constitutes the real estate in question, and was the home…
2Cited by2 opinions
- Oleson v. SomogyiSupreme Court of New Jersey · 1921
- The Trenton Banking Co. v. HawleyNew Jersey Superior Court Appellate Division · 1950