Legal Opinion

Dewall v. Covenhoven

New York Court of Chancery

Decided March 15, 1836PublishedCited by 3 opinions

The bill in this cause was filed for the purpose of recovering certain property which, as was alleged, the defendant held in trust for the wife and children of the complainant DewalL and which had been given by the father of his wife for their support.

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The bill in this cause was filed for the purpose of recovering certain property which, as was alleged, the defendant held in trust for the wife and children of the complainant DewalL and which had been given by the father of his wife for their support. The defendant pleaded that subsequent to the commencement of the suit, the complainant Dewall, in consideration of the sum of $100, freely and absolutely released and discharged the defendant of, and from all demands which the said Dewall had or could have, or which he and his wife had or could have against the defendant, for any cause whatever…

1Opinion of the Court

The Chancellor.

The question whether the release of the husband is a complete and effectual bar to the equitable rights of the wife and her children, in a case like the present, does not properly arise upon this plea. So far as the rights of the husband are concerned, he has an unquestionable author*582ity to release and discharge them; and he is estopped, by his deed, from insisting, in a suit prosecuted' by himself, that the release executed by him was a fraud upon the equitable rights of his wife and children. If the allegations in this bill are true, the children of the complainants, as well…

2Cited by3 opinions

  1. Michan v. WyattSupreme Court of Alabama · 1852
  2. Smith v. SmithSupreme Court of Florida · 1882
  3. Reynolds v. ReynoldsHawaii Supreme Court · 1919

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