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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 318   View pdf image (33K)
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