Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-05-06
MRS. GRACE RIVA
DENIED RIGHT TO
SELL PROPERTY
Vice-chanceIlor Howell Dis
misses Petition of Woman
Separated from Husband.

Vice-Chancellor Howell has decided
adversely In the matter Of the appli-
cation Of Mrs. Grace r. Riva, for
merry Of New Brunswick, for permits
sion to sell property belonging to
her as IL she was unmarried. The
petitioner married DR.. F. E. Riva,
physician, practising in Midtown, and
lived with him until 1912, when she
left him and went to Spring Lake to
I've. Some months before she left
Dr. RiYa the petitioner became pos
sessed of share in a large fortune
lett Dy her father and mother. Just
what her share in the estate Of her
Iather VIII amount to has not been
determined, several questions relating
10 construction of the will and the
rights OF other heirs being now be-
fore the court for determination.
IN ms opinion Vice-Chancellor
t1oWetl calls attention to the fact
mat after she became an heir of her
father 1t was no longer necessary for
Mrs Riva to rely on her husband for
the support of herself and her chill
dren. When she left her husband
Mrs. Riva first went to Spring Lake
70 1--we, but left there In 1918, and now
resides in New York city. Her two
cnlloren, both girls, live with her.
Ihere We're no charges against DR..
Diva, and he contends that he has
not deserted his wife, and is anxious
and will ng to provide for Der IL she
will return TO him. Since the separa.-
ton he has returned TO Midtown to
practise.
In his opinion the vice-chanceilor
notes that 1t Is provided in the mar
rled woman's act of 1874 that moth
ing should enable married woman
TO convey or cucumber her lands
without her husband joining, except
IN Ger tain instances expressly pro-
Vided in the act, and that no con-
Veyance, deed or contract or any
Judgment or decree against her should
in any respect impair or affect the
right of the husband in her land as
tenant by the courtesy after her
death. The application in the present
was made under a statute of
1873 and amended In 1889. This pro-
d"s mat woman living separate
from her husband, who fails and neg
is to support her, may apply to
the court for permission to sell her
lands or mortgage them as il she was
single
The act permits the court, but does
not require it, says the vice-chance e.
lor, Ito make an order under certain
Circumstances that she may sell, con-
vey, mortgage or release any i1terest.
estate or right that she may have in
such real property, using words that
are entirely consonant with the idea
OF conveying an interest less than a
Zee, or an interest which would con-
sist OF fee subject to an incum-
brance."
The vice-chanceilor adds that the
two acts must be read together. and
concludes from this that the utmost
that this court could do In authoriz-
Ing a sale by the married woman
would be to authorize the sale of her
interest. estate or right, subject to
the interest, estate or right of her
husband.
In the course of the opinion the
Wee C.-ance4or asks; Suppose that
years hence the heir-at-law of the
wife should bring ejectment against
the holder of the legal title upon the
round that there had been no con-
veyance because the husbands con-
sent thereto had not been obtained.
would the fact that the conveyance
had originally received the sanction
of this court be any defense in case
the CT mmon law courts should hold
that the act in question did not re-
peal the section of the Married Wom-
an act of 1874, above referred to.
think not, and 1 am constrained,
therefore, that the thing which the
wife now wants done would be dan
gerous to all concerned.
1.-THE act by its own terms submits
the whole question to the sound judi
cial direction of the court. The mar
ried woman gets no absolute right TO
a decree. The court within its limits
of discretion may make the decree or
not, as such discretion dictates.
"I am of the opinion that the relief
should be denied and the petition dis
missed. and I will so advise"
Kinsley Twining represented Mrs.
Riva and George s. Silzer appeared
for DR.. Riva.