New-York daily tribune., 1858-07-19
LAW LNZ,ELLIGENCE.
SUPREME COURT-CHAAsIss-July H.-Before Jldse
I.CRtUsM

SUPREME oURT-CnAAs.Ks-Juiy iI.-Before Jadso
IscRsHsa.
DWoRcE-cUsToDY or CHILDREN
In the of the Petition Of Emma Robinson snd others,
infant children Of Reuben B Robinson.
In 1853 Reuben Ii. X JbnsOn was divorced fr )m his
wife ID thus Court the gro and Of sduCrey committed
by the bus band In the decree Of divorce The cGsody
Of the children committed to the mother, and the
Gum Of $3.50 ordered to BIS pad TO the mother for
each OF the children duriug their minority. Ihe
mother has died, and the children now ask for
the appointment Of trustee 10 recsive aud psy o7er
the moneys which were 10 nave been psd 10 tnsr
moiber for their supprt. This ,s opposed by the nas
bsnd on the ground that the order Of tbs Court - 20
tire children, expired with the death OF the motner.
BE says that 10 willing ana deslIous 10 provide tor
h children, ard TO support them st home, aud tnat he
lie entitled 70 their care and custody Inc Juoge
uses the following language IN bio opinion IN regard 70
the application:
90 ng The mother ssd the iaJzmsat operated to give hsr
he c,oo, Of ne ehtn aud 20 s3npe ne fam, !, Ss
Heu ees,e. 10 have .py effect The PiansTy ooee ae viz f
becsus longer needed the restriction wa 60 pre-
yen..d the bg.6nd rom ns,rs ssn Is Ia ed saa nCsn @
ps,men by their ber for their support Of the sno1nt pro-
Naturally h.r and entitled 70 70, care sna
cuody Of hs children he bound 70 provide tor a,it o
tor JephyiDs him Of bem- Tnese reasons are stsra y
Justice Mel. 70 be III usage goy anSr. 49, .b ,.e
prire rim oi he en.5y a .eS chd There Be
Where he ss. OF heath cf 1 Tor shs time ,'e. the moth
81. and IN .uch limited period s4sn my ~
be mother il all such cases the I .h
cEud the psra.oun. coIss1srston enc no AZ. couo W -
rxht Of the father IL Bal Bal siuons D t oeca1a
,h Court lad juLaiction 10 cepnvc tns net M
aw hnt to ID. and ody Of n charen even
though he living of sdgltery nnen ne pnp ,e'
child N contact with the refer 10 tnrse cases
show that the t4h.r under elrcrms,.-ces qsIS
Objectionable q. e2h. In tbe pfesr0t oa~. was -nr'tso
TIE css. and ea.tody Of bis children and thit
of tie provisions Of the ststs N c.'es OF divorce
the 'her deprived vi The control "hich ~ t o
sw be po.ssssss Alb ezn the vnico
existed te.x The tsher ard E . ~ c1a' slS.
Of the ussuen. Cou 10 srsDtins the divorce S
.h s st.ed the sIgrG.a ths es1, o. asoics
sithou.h technically exsiisy -. couintted ~
marriage supposed ae tine to os ss II - nsl ~
his cherer tie death u m moher 70 whose are tn
Corit had ntrus.ed a.u may 10 generally tns c.e
that the feelings Of toe Children 5sye been ssaess LOU
father ard judces insil.d .ssins him. wnf y mj ~ t w
% and would b. vel tx hr 20 no
The interests Ct hs ebl ien require nodeIaon sai 70 oe
ter. the .lnqeishnent Of hoss sbts 10 Pn 70
G~ir But st thc rights exist Ala as he - 10"
70 provide fl all thsir rsns h. Is en- rel p tns as 49,
custody and add sso to thai regard w1ich ha1
par, IpceperdeIt, tosever d these coni-isss
Itself ho kst he petitioners are IN erfoi "
that crested BY The ,sagmso Of dyeTse coz
the b. neht Ct the cdien II ef oe iaoss oss
By the p,oybons o the Revised Statues ia reza - 'h py
msn.s q X g. l42 marginal p, sec 81 'se PS'oa ~
cad.en 10 10 b. made by OF Der q, cefsesH pte
The der ccfmsI,is oGl, 10 b. b-sveea ser pi
ssad sci yt. Wtsa that rei.'. tsr1 -Aie' v '-7