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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 56   View pdf image (33K)
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56 HIGH COURT OF CHANCERY.
She may have no means of support except under his roof;
" and under such circumstances it would," says Shelford, " be
hard to term submission mere hypocrisy." In this case, how-
ever, it appears that this stern necessity, controlling the will
of the wife, did not exist. The property upon which she and
her husband lived was settled upon her by the will of her
father; and although the husband may have certain rights in
it, the existence and extent of which it is not at this time
thought necessary to determine, it is supposed to be quite
clear he has no authority to deprive her entirely of the bene-
ficial enjoyment of it. Whatever may be the character of the
estate created by the will of the complainant's father, it would
seem impossible to doubt, in view of the manifest intention of
the testator to provide his daughter and her children a support
from its products, that a Court of Equity would interfere for
their protection, if necessary, against the wrongful acts of the
husband.
Upon a careful consideration, then, of all the circumstances
of this case, I cannot bring myself to think it would be proper
to decree the separation of these parties. As was said in
Coles vs. Coles, 2 Maryland Oh. Decisions, 351, " The mar-
riage-relation is not to be dissolved upon slight grounds; nor
will parties be relieved from the duties and responsibilities it
imposes, merely because there may be some want of conge-
niality in their tempers and dispositions." "Public policy
and morality alike condemn these partial dissolutions of the
matrimonial union."
This is not the ordinary case of a bill for a divorce and ali-
mony. It asks not only for a divorce, but that the husband
shall be excluded entirely from all benefit of the property pro-
vided by the father for the support of himself and his children.
He has no other property, or means of subsistence, as may be
fairly inferred from the record; and if tho object of this bill
Ie gratified, for aught that appears, he will in his old age be
thrown upon the world in a condition of utter destitution.
This is a result which the Court would be reluctant to occasion
without a strong necessity; and when it is remembered that

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 56   View pdf image (33K)
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