Carson v. Murray
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the third circuit, by the defendants, Murray and Woolley,, the executors of J. Carson, deceased, who had made probate of the will.
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This was an appeal from a decree of the vice chancellor of the third circuit, by the defendants, Murray and Woolley,, the executors of J. Carson, deceased, who had made probate of the will. The complainant stated, in her bill, that she was married to J. Carson in 1801, and continued to live with him until September, 1826, when, owing to some unhappy disputes between her and her husband, they agreed to separate; and that articles of agreement were mutually executed by and between them and by the defendant" Bailey, acting as trustee between the complainant and her husband. That the articles of…
1Opinion of the Court
The Chancellor.
It may well be doubted whether public policy does not forbid any agreement for a separation between husband and wife, except under the sanction of a court of justice; and whether it does not also require that such agreements should be limited to those cases where by the previous misconduct of one of the parties the other is entitled to have the marriage contract dissolved, either wholly or partially, by a decree of the competent tribunal. The late lord chancellor of England, the Earl of Eldon, expressed his opinion very freely on this subject, in the case of Lord St. John v.…
2Cited by69 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Winter v. . WinterNew York Court of Appeals · 1908
- Storey v. StoreyIllinois Supreme Court · 1888
- Randall v. RandallMichigan Supreme Court · 1877
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