New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-02-09
THE FORREST DIVORCE CASE.

SUPERIOR COURT - SDeCM gSTW II Gu
Before Chief Justice OakleS-Cotasriae ~ For
rest vs. Eduln F0rresf.-Mr. O'Conor attended on
tie pars OF Mrs. Forrest. and Mr.. Van Buren,, on
bebalf OF Mr.. Forrest, to settle the form OF tne
decree In this case.
After great Ceal OF modification ana striking ont
tie fol m stc cd as fellows:
At a Special Term OF the Superior Court OF the
City of New-Yerk, held at the Ciy Hall Of the City
OF New-York, on the 3lst day of January, 1852.
Present-TEomas J Oakly, Chief Justice.
Catherine ". Forrest against Edtcin Forrest
This action having been brought on to tria at this
special I'm Before jury and the said jury having
tbs Goth INST In due form OF law, rend cred yer
nfeIt which .bers~Pen ouiy entered ana
recorced In the minutes OF the court ana the cause
having been reserved Until this day for further con-
sIdeTatltn
Here follows the verdict already publishedl
And Mr. Charles OConOr having been heard for
the plaintiff and Mr.. John Van Buren, having been
heard for the Defendant and this Court having, upon
the plesdbes, nsicered and determined that the
allow ance for the support of the plaintiff herein
after entioIed, is just having regard to the circum
stances OF the parties respectively II Is no ordered,
dtcresd and acjudged OH motion of the said Coun-
sci for the paLt and this Court. BY virtue OF the
power and authority therein vested and IN pursuance
u the statutes In such case made and provided,
doth ORDER, decree. and a6Judge that the marriage
between the said plaintiff, CsthariIe Forrest and
the defendant, Ed win Forrest be dissolved, and the
same is hereby dissolved accordingly And the said
parties are and ZACH Of them is freed from the ob
cations thereof Ard 1t is further ordered decreed,
and aojudged. that 1t shall be lawful for the said
CetndTlLe N. FcrIeet, Nt pidiltH, 10 marry tBdt,
in the same manner as If the said Edwin Forrest,
the defendant actually dead but it shall not be
lawful for the said Edwin Forrest, the defendant, to
mary again until the said Catharne n. Forrest, the
plaIBtiff SHAH be actually dead. And II is further
ordered decreed and adjudged, that the said Edwin
Forrest, the defendant, pay to Catherine N. Forrest,
the plaintiff, the sum OF $4,000 year. from 18Th No
ysmber, 1850, on which day this action was COM
nenced, during her natural life, suitable allow
enoe to the SAID Catharine n. Forrest, the painti,
fol- her support and that such allowance be paid In
the manner following, tina. is to say That the sum
of $3.50 be paid aforesaid, into the hand, or
upon the order Of the said plaintiff or OF her ator-
news of record Of this action the 10Th day OF Feb
ruary, 1852 and that the sum OF $3.50 be paid as
afore said into the hand, upon the ORDER OF the
said plaintiff OF her attorneys OF record IN thls ae
ton, the 10Th day Of each month OF May August,
November and February here after, during the hat.
raj life of the said Catharine N Forrest the plaintiff.
And II is further ordered that the said Edwin For
rest the defendant, within thirty days from the date
Of the entry ofths order and judgment give unto the
said CattaIine Forrest, the plaintiff, such reason
able security for the payment OF such allowance by
lien on his real estate III this State or otherwise as
may be detected and BY audge OF this Court,
on the report OF the clerk OF this Court, 70 whom
the examination thereof is hereby referred And
it 10 further ordered adjudged, and decreed, that
the said Edwin Forrest, the defendant, witnln
thirty DAYS after the date OF the entry OF tnis
order AID judgment, pay to the SAID Catha-
tire ~ Forrest, the plaintiff, or her attorneys IN
this action her costs OF this action, which have been
taxed at 1924 43, and are hereby allowed And Is
II fultheT OFCsIeO C6CfSeu. dLu ooJuoScuy hohs
time TO time, as any sum or sums shah become pay
able BY the terms OF this order and Judgment, the
said Csiharine N. Forrest. the plaintiff, the allow
apce of any Judge Of this Court TO be made ON ex.
hibltir TO him and fling an affidavit that such sum
or gums hath Tot or have not been PAID, may nave
An orcer entesed as Of course on the foot OF TINS
order decree, and judgment that execution issue IN
such form Judge may direct agsins. me saia ga,
win Forrest the defendant for such sum or sums 20
uppaid with the interest thereon. from the time OF
times hen the same shall have become payable, ~
The terms OF this order ard judgment ana II Is iui
thsr ordered tina! Ilgnt Oh sne
10 sppeal from this decree shall have been oetef-
mined by the lapfe OF time or by the maj
CT tbs decree the Court of last resort or oy sns
delivery to the plaintiff OF a written sapula'ion suo
scribed BY the defend mt and hs attorneys. waving
anc relpnuishing all nght 10 appeal rom sne same,
and the SAID defendant shall tender 10 the sa1
tiff such security Aforesaid, Tor the pay nem y,
the allowance aforesaid then the sdio pidlLiiu
LII .rscuts and deliver to the said defendant re-
jesse OF ary claim Of dover IN has real estate IN
sucn form as any Justice Of tbs Court snail settle
al c approve. us;s..
,cIs in the foregoing form, the Chief Justice re-
naked. that In case the payments were not p2io'
notice should be gwen to the defendans before exc
cuson he issued Dir Forrest might not be here, OF
thousand accidents might occur TO prevent Sne
nm ctual payments The Chief Justice then ordered
| he form TO be altered as II appears above his
Hcror also said that II the plaintiff takes Inii
amount of aiimony 1t should be permanent, and sne
was bound to relinquhh her night OF COVER anu 'ne
Cour would make positive order TO that ensc,
MI OCopor said that the Court could mol, no !,
ever, compel Mrs. Forrest TO take ne anmo"'' -
| she refuses TO acceptn <.S,r,s
Mr. Van Buren, applied for stay OF pfoSeeu1Ne''
| and read the following form u.dsv
Judgment having been entered IN TINS ,hss
the direction of single Judge + = ofsSre to Enable
n,oceecInes thereon be stayed thuty GAYS W "
exeeps,ops and, on service thereof, within me time
then ss s%o N lae
Ss W rssStons upon the amendments 70 De pro o.
n.sd thereto. or by the neglect Of ne paan 0ssss.
pyonoss any such smbndmsass; ana On 'A'' '''''