The New York herald., 1844-10-23
In Chancery.
Before Vice Chancellor McCoun.

I Ing
life Mr. Cruger to make his arrangements and 10
live accordingly and in harmony and affection they were
enjoy lug the and bright scene und them when
wife throws in the first disturbing cause by demand
Tor accounts They had made IMP to the springs the
after their and their ret RI She re-
qures minute statement oi It's Cost Tins came upon
him like clap OF thunder-sti IRON dtllcacy and 10
show he deserving oi conhd. unkno~ing OF ac-
counts he rendered until he went abroad aud then,
first appropriate opportunity, wree TO explain ms
views the subject and TO put an end TO inns unworthy
and Illuminating practice she persisted, ho@ever, nov, IN
worry ing tor accounts. and at length, III 1880 upon
standing OF those then urnished without asking
Tor any explanations recalled the order ior thc income
from the OF her trustee This interference, ON her
part brought matters crisis-convnced ar Cruser
that he had been deceived, and that his dearly
cherished indepe dence compromised, aud on
the instant he Indignantly refused TO submit to
such a oil things thus ever IN
lars. We think all is arranged and that permanency
and tranquility secured But, disturbance aud change
must sudden jar iron an unhuspected quarter,
and the nest is b oxen up supposins hossv.r
order revocab and been evoked such also Ii the
predicament Of the post nupai settems then how
do the parties stand That settlement clearly void us
to the real estae IS adisposon IN lee and You cannot
II down aud restrict 1t life interest 30 likewise
under the Chanceors decisions the trust Us 10
the personal property; but allowing this to be mooted
point nasmuch IL has not ". passed upon by
Court OF Errors and that trust may be good SO lar
as the personality is concerned then have exactly
the shares first arranged by Mr. Bard recommended by
all the friends OF Mrs. Cruger and provided Tor IN her
last deed of appointmen-a division o the income
halves she taking that from the personal and her hus
band that from the real estate With the order revoked,
and the settlement void in toto third result Mr. Cru
OF the real during the lie OF his WIFE, Just as the
law arranges for every other husband But the charge
has been made against Mr. Cruger oil misappying por.
ons OF the personal property building three stores in
Pine street the loans made to his relatives and In erect
ing the house at Henderson With reference TO all these,
be remarked they not for his individual bene-
fit and all done with the ful knowledge ana con
cuence Of his wife AMI her trustees Ihe INST ana last
for the Improvement oil proper
V that to to her. not hts a 20 the loans
made to his relations about which there has been SO
much claRor, and the building OF Henderson House.
distinctly and positively to by MIR Monroe who
oil her trustees at the time, and cognzant OF
these transactions thar they either her own acts,
her instance and according TO her avowed wishes
Taking her mpulsve temperament and subsequent ms
givngs into view all improbable that she both
desired and directed these loans and bu ldngs IN the first
instance and then repented OF and dsown.d them But
the truth il no known and my client free from
this head To ,epel the charge OF extrava
gance brought against him. enough 10 point to The
present condition OF the estate twice as large as at the
marri ge and TO say that whatever was, Tor the time
being il entirely agreeable his wife and in keep
ing with the style IN Europe which il was her ambiion
Witness her chariot ana the butler she wished
and he refused send from England and because in
play and humor this fancy Mr. Cruger writes
describing amode OF life accordsnt 18th her standard
of European splendor dragged forward as proof OF his
extravagant pTopensties. have been astonshed ana
shocked said Mr. Wood beyond measure at finding among
the proofs in this private letters written III moments
generous and unsuspectng confidence from husband
to wife, and between them and their relatives and
friends introduced and paraded by the defendants IN vo'
ation Of all decacy and good faith when too great
portion OF the wholly irrelevant to the issue
aud Gun have no influence the decision One would
be at loss 10 know why they were thus brought for.
ward had not been in the progress OF the
the object was to erect platform iron which to heap
dicule and abuse on the complainant; to wound bis eei
| ngs, and. il possible, to bring him into dis
| rtpute with the world We will not pause to
| sssailed-n is enough TO say that it is chsrac
eristc OF all the treatment he has Of late undergone
The last dee OF appointment made by Mrs Cruger, bears
date the 10th Nov lsll II to her husband for
e half OF the income OF the estate, and was the re-
% S Of h a nss
instrument is valid and binding, and must be sustained
by the Court, il for ITO other reason be- ause Is rea
sonabIe and prudent deed and made 10 settle iamly DIS
putes-made too by Mrs Cruger with the assistance oi
| her COUNSEL and by the advice OF all her own
friends. But it is said, that the teres she held under
settlement is naenabe by the 63i section OF the he
vised Statutes this subject make II SO, however
the whole be brought under the 18th section,
and then falls the ground and is good fol- nothing
beyond a doubt II the cestne que trust cannot dispose
her beneficial interest by this law ne her can he take
held any estate consistently with its provi
ons The trust must be gaory as 10 9th the r al and
personal property il allswhin the enactment OF he
and only be sustained by showing that stands win
Their and If IL does then the wies power
of disposition is law, that of ieme sole, and
unqualied ano 1t the fashion OF the day to cite an
thortes for every II ing we refer TO Bingham on Covtn
tnre Ut notesl Sorys Equity 24s, and Is Vesey lso
II the whole settlement is vod, then we want no new al.
engagements We will make them for ourselves and we
choose TO acquiesce in the deed OF November az all thb
| The Court need do il to make order confirming
And that IL ought to be ratified and enforced the consi
| deraion Of its having been family arrangement for
peace sake is enough to make the Court uphold with
| strong hand" according the doctrine collected in
Storys Equity ias section 1872 third edition. But
here family dispute, the pretext got mp wrong
fully By Complainant and without any serious groupd
| For a series OF years unhsppily there have been
gahes broad and deep the of this domestic cir
Gle Fortunate will 1t be for us II we can heal thos.
wounds but assured this cannot be accomplished by
con,ending that the husband is all in the and the
wife alone in the right The difficulties between these
parties commenced shortly after their marriage and hav.
prevailed down to the execution Of the last deed OF
their origin and cause there be doubt Without
meaning attack upon the LADY, wena fairly say that
she is little high in her Temperance and that this hadled
mistaken desire on her part to take the lead and con
troll in every tbingwhe his part has been evnced
determination TO be ndependant and to be head OF his
household according TO the worthy principles OF the old
fashioned Anglo. Saxon baron or husband To what ex
tent this intermeddDg and dctation carried by her
may be seen by her calls for accounts and
reference in business matters shown in the course OF
the ey dence md how far this stem ardshp
carried is indicated by the account kept open the
books OF the estate the wine which the husband drank
at their table Throughout Mr.. Cruger acted with the
utmost forbearance and decacy though he knew his
thori,y and his rights but such things could not be
otherwise than irksome and offensive and because he
has from time time asserted and maintained his indie
pendence Of them he is accused OF svarce and of
tsng importantly to obtain from his wife the whole OF
her property when IN fact he has at all times offered and
consented TO leave the arrangement ofmoney matters TO
her friends and has invariably acquesced IN the ar
rang mens made by her and them, whether they gave
him the whole twothrds one half even fifth OF the
income all that he stipulated for being that whatever he
receive, he must be secure and uncontrolled -
Whit he sought for independence, not money
that Independence which every husband ought to
have and Ia whchno true wife no respects hersel,ver
will hesitate having the power, to place him with whom
Honor in the OF ward in Chsncery is always
place the husband by giving him the entire income,
while you the prncipll TO the wife and her
children. Would II enter into your mind az man
Judge, in arranging wards property on her mar
riage, make the husband agent, steward or
dependent in the family This gentleman, rather than
succumb to such condition in life, refused TO live under
false appearances and left tn r sumptuous house and in
vited his wife share with him the loaf the half
loaf he might be able his profession He took
lodgings according his circumstances and as he
had right to fix their domcle required his wife 10 join
him. One OF the counsel opposite (NIr BixwelD laughs
al this idea bit appeal to his high and sturdy New
England love of independence whether he would not
have done the very same thingl Would he have sub
med to the dication Of wife, TO her causeless com
plants and her governing him by the power Of money,
and not have said Madame will live my means,
such az they but i'll neither cupy your house,
however splendid touch your property. however
large If dependence IL to hottie condition OF my doing
40 Is IN avarice1 Had Mr. Cruger been actuated by
motives would he the rather have held and
got II he coud Was it not his obvious policy and