Haviland v. Myers
New York Court of Chancery
THE bill stated, that the plaintiff, as the wife of Elijah Haviland, filed her bill on the 27th of May, 1816, for a divorce, and charged the defendant to that bill with adultery, and cruel usage, and the abandonment of her; that he finally abandoned her, and her two children by him, in 1804, and left the United States, but returned in 1816. That, in that interval of time, she presumed that he was dead, and married again.
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THE bill stated, that the plaintiff, as the wife of Elijah Haviland, filed her bill on the 27th of May, 1816, for a divorce, and charged the defendant to that bill with adultery, and cruel usage, and the abandonment of her; that he finally abandoned her, and her two children by him, in 1804, and left the United States, but returned in 1816. That, in that interval of time, she presumed that he was dead, and married again. That in 1814, her father, Samuel Turner, died intestate, leaving a real and personal estate, to the one sixth of which she was entitled, as heir, and which sixth part she…
1Opinion of the Court
The Chancellor denied the motion, and ordered the *27injunction to be continued to the hearing. The rule, he said, was settled by the cases referred to in the opinion delivered by this Court in Kenney v. Udall, (5 Johns. Ch. Rep. 464.) and by the recognition in that opinion of the doctrine of those cases, that the wife’s equity to a suitable provision for the maintenance of herself and her children, out of her separate real and personal estate, descended or devised to her during coverture, was well established, and would prevail equally against the husband or his assignee, and against any sale…
2Cases cited1 opinion
- Kenny v. UdallNew York Court of Chancery · 1821
3Cited by6 opinions
- Taylor v. SecorSupreme Court of the United States · 1876
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Parsons v. ParsonsSuperior Court of New Hampshire · 1838
- Winkler v. SummersNew York Supreme Court · 1888
- Hubbard v. Bank of United StatesU.S. Circuit Court for the District of Southern New York · 1840
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