Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1852-02-13
The Decree in the Forrest Case.
New YORK, Saturday, Jan.

After some discussion bv the Counsel
The Court said that it might as well give
its views at once as to the decree. 1t has been
objected that a decree might enable Mrs For
rest 10 marry again. The Court does not UNI
derstand that question has ever entered mo an
application where, if the verdict is reversed,
the marriage would be nudity. II, While the
case last, Ms. f. undertook 10 marry, size
would pace herself in great peril, as, 1t rever-
sed, i, would probably not be decree at all
bu, that is a matter resting with herself.
decree so far as to dissolve the marriage must
be pronounced.
The decree will settle amony. | will a.
ward ahmony from commencement OF suit,
and do so bfcause do not mean 10 make any
allowance for the expense Of the suit, except
as to taxed costs. There was All allowance
made when there was 10 idea OF legal contro'
yersv. 1t was an allowance for comfortable
eupDort in lie. That would have enabled her,
in one aspect 10 live and carry on prosecution,
as A single woman could live on a small sum,
but the parties did not contemplate. The
amount does not properly fall within 1t. AS
the expenses have been large, and could not be
contemplated, it is proper to make 1t the c0Jecl
OF a special allowance, or retrospective, III thls
wav. Since the decision that the allowance
was sufficient, the greater portion OF these eX-
penses have been incurred; the expense OF
counsel has been necessarily greater than all
before
The Jury have gone upon the principle that
the estate Of Mr.. Forrest is worth Sl5O,OOO ;
they have taken the income OF that and al.o"
ed Mrs Forrest one.thlrd In some States IL
is the rule that the husband IS considered as
dead on divorce and ths Is on the principle Oh
dover. do not understand that Mr. Forrest
70, ii, al oi Al o
The Court has the simple fact that the es-
tate is worth $4,000, but his income moi
worth 1900 Il year Mr.. F. might let the
whole of bis estate las Font Hill is) remain un
productive but he cannot say 10 his wife, II
consequence, that she shall not be entitled Il
her allowance. The usual way, in such {
case, is to allow per cent on the value OF The
estate.
shall, therefore, make the decree, that III,
alimonv be 5000 year, TO commence iron
the entering Of the suit
As TO DOVER it is right Mrs. F. should b.
protected, but the idea is new as to dover.
cav in lie Court OF Appeals something wa
said as to aljnony being during the life of TIN
husband, but the law says II shall be during th'
life Of the wife.
Suppose this is allowed it would give her
double right. propose to provide that Mrs
Forrest on the establishment OF the decree
being required to give up her right of dover
or some other mode by which to guard agains
double al oWance.
All payments by Mr., Forrest to Mrs. Forces
on the voluntary allowance, | propose shall b
credited to hun after the commencement q
The suit If Mr.. F. gives satisfactory securi
ty as to the payment of the $4,000 year, tn
decree will not be d lien upon his rea estate,
Some conversation occurred as to the phra
seoogy of the decree, &c. The Court though
the details of the decree had better be laid owe
III mex; Saturday, at which time the questio
tf exc. ptlon will be settled. In the meantime
a iudnm mt IF divorce will be entered.