Magee v. Magee
New York Supreme Court
HE plaintiff was married on the 26th day of June, 1867, at the city of Syracuse, to John Magee, and they lived together some two or three years and separated, she alleging his cruel treatment as the cause; and she brought a suit for a limited divorce, in this court, which was pending and about to be tried, in October, 1871. The action was settled by the parties and with the assent of the plaintiff’s father and trustee, and the instrument of October, 1871, evidences the terms…
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HE plaintiff was married on the 26th day of June, 1867, at the city of Syracuse, to John Magee, and they lived together some two or three years and separated, she alleging his cruel treatment as the cause; and she brought a suit for a limited divorce, in this court, which was pending and about to be tried, in October, 1871. The action was settled by the parties and with the assent of the plaintiff’s father and trustee, and the instrument of October, 1871, evidences the terms of settlement;— she was to live apart from her husband Magee, and he was to pay her $5,000; and if she kept house, $500…
1Opinion of the CourtHardin, J.
The principal question in this case is whether the plaintiff, Alice S. Magee, is entitled to receive out of her late husband’s estate $5,000 per year during her life or widowhood, or the sum of $10,000, in virtue of the instrument of settlement dated 37th October, 1871, and the codicil dated 30th of October, 1871.
In considering this question it must be assumed that the instrument of 37th of October, 1871, was valid, and such an one as the parties might lawfully enter into. They had actually separated, and were living apart at the time such agreement was made.
The agreement was therefore valid;…
2Cases cited3 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- Williams v. CraryNew York Supreme Court · 1830
- Mulheran's Executors v. GillespieNew York Supreme Court · 1834
3Cited by9 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Barnes v. KlugAppellate Division of the Supreme Court of the State of New York · 1908
- Brown v. BrownCalifornia Court of Appeal · 1927
- Bowers v. HutchinsonSupreme Court of Arkansas · 1899
- In re the Estate of GriffithNew York Surrogate's Court · 1938
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