The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-16
District Cesrt Of the Uaias& SsassA
Before judge Betts. ~ t

March Is in relation 10 the mS(ion q TO the
jew. lery possessed by petitioner fos bankruptcy
and his family, the Court gave its decision, accom-
panrd bv extremely eloquent and extended re-
marks. 1t spoke Of the position occupied BY we
men at the present day, contrasied with ths time
when the law destroyed he Individuality Of the
wife, and rendered herself and properly anedablr
TO the will, and subject TO be involved By The Gala
mites or improper conduct Of her husband The
jewellery, in the present instance Chat Of kassons)
claimed as portion OF wearing apparel: ms the
Court did not deem to be correct. The watch
that man carried could not be considered por-
ton Of dress any more than purse Of gold or bank
bills that he might have about hrs person Either
Of them, when so, were beyond the power OF the
Sheriff; yet, the practice ofthe Chascery courts,
and, recently, ofour common courts oil law, Is that
they shall be surrendered. Under the Bankrupt
law. the Court thought man was entitled to retain
$500 worth Of furniture, stores SC. for his family,
and the wearing apparel belonging 10 each. with.
out reference to other idea than whether such had
been in their possession, and was what they had
been accustomed to wear but ornaments and arti-
cles OF jewellery were not comprehended in such
they were personal property. and must be gwen
up. As to the property Of wife. the law permits
her TO retain such really belonging to her. whet.
Their by marriage settlement otherwi.e, previous
to her marriage. The laws Of Louisiana and those
OF France 60 further, and permit her to retain the
produce Of her labor; also presents that may have
been made to her, and other personal proPsrty pos
sessed in her own right, even subsequent 10 her
marriage-aud in England. chattels given to a wife
considered as personally belonging to her. The
principle of our Courts OF Chancsry that personal
property belonging TO a wife previous 10 her mar
rage. 10 exempt from liability on account Of the
should not be less liberal in this fespect. II has
he station in asserting that it 10 empowered TO
allow the wife her paraphsrnalia-(th ornaments
belonging to her previous to marriags)-and in I'D
the miniatures OF her children, or any thing else
given her personally BY her friends, or even by
her husband, (if in reason. and while his cireum
stances warrantcd) after their marriage. OF this,
however, the assignee must be the judge. In the
present case, the gold watch belonging to the Pc
titioner must be considered az personal property,
and given up Ofthe wife's jewellery, Eve finger
rings, breastpin. and hair chain, were given to
herb her friends previous to her marriage These
she has right to keep. The gold watch was gwen
to her subseq ,enily by her husband. Ifitis found
that he solvent vt the time, or in circumstances
authorising it, she is entitled to the possession Of
that also.
The petitioner in this case-Mr. Kasson, it is
proper to state, was willing to surrender the jew
elry. TIE issue has been raised by his counsel
and the general assignee with view to place the
question fully before the Court and obtain deci-
SION which will be general in its effect. I
The same remark will ako apply to the case Of
Mr.. Zarega, who, on motion Of Mr. Paiten, was
this morning permitted to obtain tain decree;
the r. quiredtime, passed to the usual decree On
motion Of Mr.. Blunt that of Mr.. Jas. M. Pinkney
laid over to the 18th, when the petition of his
partner, Mr. Bonell, will have matursd, and he In
tends filing objections TO both 1t was opposed by
MIR. Pinkney's counsel on the ground that Mr.
Blunt had entered proceedings in chancery since
Mr. P. had petitioned for the benefit OF the act,
and now only seeks to gain time. This was de-
ME 1. The petition lies over. Objections were
offered to the petition of Lambert Moran, and one
or two lie over owing to the out-of-town affidavit
Of publication not being ready. W
The Court has decided that the long notice shall
be published in only one paper, and that IS shall
be paid for the serenty days, The contract has
been given 10 one Of the "large papers with small
circulation" in Wall street II will be merely
c,ntinus,ion of proceedings after the petitioner
obta ms his de- cree. .-. rts-