Foote v. Nickerson
Supreme Court of New Hampshire
Probate Appeal. Facts agreed. Tlie defendant, Stephen D. Nickerson, and the plaintiff’s testatrix, Martha J. Nickerson, were married in Maine in 1891, and lived together there until April, 1892, when the testatrix informed her husband that she intended to leave him. Thereupon they agreed to separate, and he executed a writing as follows: “ This is to certify that I, Stephen II.
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Probate Appeal. Facts agreed. Tlie defendant, Stephen D. Nickerson, and the plaintiff’s testatrix, Martha J. Nickerson, were married in Maine in 1891, and lived together there until April, 1892, when the testatrix informed her husband that she intended to leave him. Thereupon they agreed to separate, and he executed a writing as follows: “ This is to certify that I, Stephen II. Nickerson, husband of Martha J. Nickerson, do mutuously agree to separate on friendly terms, and to make no demand (neither me, nor my heirs) on her, nor her property, after this date.” At the same time she executed a…
1Opinion of the CourtPeaslee, J.
One question presented for decision is whether the relation of husband and wife is one that the parties can dissolve or modify; whether the married status is so far within the control of the parties that its alteration is a result they can themselves effect, provided they agree upon the terms. It may fairly be said that the question is not settled by the decisions in this state. It has been touched upon incidentally, but in no case has it been directly involved. It therefore becomes necessary to examine the law on the subject elsewhere.
Turning to other jurisdictions, it will be found that the…
2Cases cited33 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Randall v. RandallMichigan Supreme Court · 1877
- Carson v. MurrayNew York Court of Chancery · 1831
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3Cited by10 opinions
- Sammons v. Higbie's EstateSupreme Court of Minnesota · 1908
- Caruth v. CaruthSupreme Court of Iowa · 1905
- Hill v. HillSupreme Court of New Hampshire · 1907
- Commonwealth v. GregorySupreme Court of Virginia · 1952
- Narins v. NarinsSupreme Court of New Hampshire · 1976
5 more not listed; retrieve them via the Exa API.