, 1870-01-14

pesaaxs RI the Iutnnu Bsatusss Of 1Bet-xns haH
oaTpepe ~ smoacy Y suoh wsy u to eeS
he hasnaod, Gyms Il IL, acqutrna the ftett q
| toe tocooe a,d profits Of s1st mon. = auisnr b
1 1na tna1 tasfetore, althouga tao PLAN.
NJ interest ought not to b. ano Il Cd On tne potca
ntc9uhe Cyrus 81 ls was himself entitled TO tha
maesss ss aeo, turtner, trRt the potea, u notes
sHd ot r. t1.eq .oa To hia vile, wefe utterly void
After lnzshJ srxumena tna Court delivered
Although fns ssRnmeps n,s taken . vida rsnv-
Il H. tnen3 70 no This vhoie natter lies II 4 nut.
LEY; Ecu, = For tne pusposes e The aecsaton I an
sS ss nSf r. q
died IN M4Rsseh13et1, and that 1te Wss appointed
somcntiafnx Of bis esla1t, and. ~ the laws Of
ytrted TITO mcnsy, the widow u eot1utd (usteaa
mo- mose{ rh,sa tne real eatsse brought,
lfe, AID receive interest upon 1t. asd It goea 70
her he1s On the Termination OF her life estate,
In cases whern tie ct1cnustAccea of fns party ~
good, the " uu4ted By the Pfubate Court without
security. In othcrcaies security may be teqolred.
she Was admina ra'ltx oi har @ 6usbsnda % estste. a
as1 avtd u = x9 certain sIssat sa
std received securities for Is tn = no.e,
;ac,.d m hofes, r.. ana mortgages . nhlea we're eol.
en sss Sns tss1e m M.;,s
ehnsesss|. 70 have etniro Of 1nas money. and
tie cnidien we're entitled to tae other tWo-tarda.
ttlbusioD, ihsy did u theJ DO ia % mspJ = c.ses. @
Tbere MA certain AMOUNT Of money tnefe. S1e
took her one-third, and paid the Other two.thlrda
she did divide It correctly upon thAS computation;
a q ahe handed Il over 70 them w1thont anr for.
nn{ mait{ Of sdmlnisttas'oa Therefore, an dis
that the plaintn had 94s0 or 70 u nsr own
bands, which she End the use OF during her natural
lite, and that she had this other money, vhlcn she
divided between the children as rhsy came Of
age.
Nov, the simple qression Is, whether he WHO
Hah a1efwardf her husband. and who MAl entitled
% hare the income and interest Of tnia noneY
ourpg her hle. made my aIraxement BY which It
snonld be considered her separate eatate7 This
whether she had = life tnteselt In il, Il 3
tnink II i hsa been aeT own absolute monsy, and
the Eare conditions had taken plnce-thst u,
tnat tn8 hEsos1d had tsien II AID given her q 70.
notes Tn.re eau possibly bs no other obj.cs
tnan o, to make 4 asr separate estate II he 1ese
1a1en Il without any memorandum. ,hlnk It IS
practically thn Ha1: l saJ to my wife. You
Ioms o. @ ,a shsa ias @ 1 5on
you ldo not claim It u my Own mouey-I do
s9I intend to 6eep It - such, a9d .ll1 g,Ee you
ny Vie. Theh aeree f 70 pet1,n saa es, seres 81
upon. They Old lot 90 It IN this form, but they
AnW Ut TO p1t It In tho form Of notes. Nov, / |
cannot imagine that he g4ve these notes without |
intending 10 psy the money back 70 her; conse- ]
qnent1y. thlck tsrd It ls conclusive In my mtnn)
thas II . court Of equity. unleas there xns kome
notes, tho Inference u treAanole ihat tbs money
Was 10 be considered her separate property.
Eht No have Inc evidence Of Mf. PaJne that
thaI Taa the nldeftt2nd1R between the parties.
~ court II coumoa Law the husband cAunot Aue |
the wife nor the wife the HUSBAND, On note;
but when We are Ia q court Of equity, then they |
become two persons, and whenever th.re 10 An
estates afu 70 be considered separate, the Court
VIII 70 COZ stdes l.
think. therefore. that although these notes,
In : CONT OF la1, Noatd be sbaolpte l
Lul1ities ~ to the wife sneug her husband yet ia
court OF equity tdls would be 5000 sid val1d
aItapRemept Now, this is a court Of equity. Tne
Supreme Cont has decided tpas equitable a. Weu
up Gains Bgslntt tie esIates OF deceased peFsona
thibk, rneaefote, shat there WAS IN equitable
Arrangement Or aRtoeme0t tnat this money, which
esmc from anetper boufc.. should be treated es |
her eole and separate property. I tnink the |
weight Ct the evidence il that BY the AZ
rsuKeneut tt netnG her sole and separate prop |
s1t5) he rec:1fed 1t Is her trustee. to
5ea snd f1,p i ana spa gss b.sI
oe against tre administrator Of Mr. Hin1 eatate
Tor the anpEnt Of tue D0tea AID interest, pay Ahle
n doe course OF adnintG,rat1on-
MI Henderson OF couEseI for the defendant, !
rhde motion for new trial, whlch molIon was
,verrultd by the Court.
~. Henserssn, on behalf Of the defendant
hirty days granted IN Which 10 nlo bill OF ex-
sfptipur. l