| Volume 200, Volume 2, Page 318 View pdf image (33K) |
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318 HIGH COURT OF CHANCERY. and residing in this state, and the ground of the application is, that the defendant, the party complained against, abandoned the complainant upwards of ten years since that this abandon ment has continued uninterruptedly for more than ten years, is deliberate and final, and the separation beyond any hope of re- conciliation. It is also alleged, as a circumstance marking the final nature of the separation, that the parties, on the 18th of April, 1846, agreed upon, and executed a deed of separation, by which provision was made for the support and maintenance of the wife, fully equal to such portion of the property of the husband, as the law would have given her in the event of his death. This deed of separation is exhibited, and made a part of the bill. By it, certain property is conveyed by the husband, to a trustee, for the sole and separate use of the wife, with power, with the concurrence of the trustee, of disposing thereof, whilst living, or by her will, or in case of her death without will, in trust for her children and their descendants, or in case she should die without children or descendants, living at her death, then in trust for her right heirs. The deed also contains a stip- ulation that the parties, Brown and wife, "shall and will hence- forth, during their joint lives, live separate and apart from each other, without any sort of dependance or claim, of the one upon, or against, the other." In the answer of the wife, the abandonment is admitted, as is the deed of separation, though the application for a divorce is resisted, at least until the husband shall make a comfortable provision for her, which, she alleges, is not done by the deed. Under the commission which issued to take proof, the con- tinued separation of the parties for the ten years past, is proved, as is also the great improbability of their reconciliation. Upon the return of the commission, the case, by agreement of counsel, was set down for final decree on the 25th of this month, and is now submitted upon notes filed by the complain- ant's solicitor. Jurisdiction in cases of applications for divorces, was con- ferred upon the equity tribunals of this state, by the act of as- |
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| Volume 200, Volume 2, Page 318 View pdf image (33K) |
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