Monahan v. Monahan
Supreme Court of Vermont
Appear in Chancery. Heard on the report of a master at the September Term, 1902, Chittenden County, Start, Chancellor. Decree, pro' forma for the orator. The defendant appealed. A wife is not entitled to her separate earnings, as against her husband. This is especially true, if she mingles them with the funds of her husband.
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Appear in Chancery. Heard on the report of a master at the September Term, 1902, Chittenden County, Start, Chancellor. Decree, pro' forma for the orator. The defendant appealed. A wife is not entitled to her separate earnings, as against her husband. This is especially true, if she mingles them with the funds of her husband. Schouler on H. & W., § 294; McCluskey v. Provident Institution, 103 Mass. 3007 Kelley v. Drew, 12 Allen 107. In the absence of an agreement to that effect, none of the money could become the property of the wife. In re Brown’s Bsl., 65 Vt. 331; Keniston v. Keniston, 56…
1Opinion of the CourtTyper, J.
The following are the material facts found by the master: The orator resided and practiced law in Underhill about thirty years; he was town clerk twenty-four years, postmaster eleven years, and made from all these sources an annual income of $1,200 to $1,500. He and his wife were poor when they moved to that town, but by industry and economy accumulated several thousand dollars prior to her death in 1900-. Their son, the defendant, was born in 1873, and Is now a lawyer in Boston, Massachusetts-. Mrs. Monahan was a capable woman and assisted her husband in his profession and his public…
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