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by the tribunal before which the proceeding is pending, to the party, in its judgment, most fitted to bring them up.
WHEN A DIVORCE WILL BE DENIED.—The application for a divorce for adultery will be denied in the following cases :
1. Where the offence was committed with the privity or conDivance of the complainant.
2. Where the offence has been forgiven by the complainant, either by voluntary cohabitation after knowledge of the fact or by express condonation or forgiveness.
3. Where the complainant has been guilty of a similar offence.
4. Where suit is not instituted within the time prescribed by the statute of limitations.
Alimony. Alimony is an allowance, either during the pendency of a suit for divorce, permanent or temporary, granted to the wife, on petition or motion, from the estate of the husband. The granting of alimony rests entirely in the discretion of the proper tribunal, and when a wife desires to commence a suit for divorce against her husband, the latter can be compelled to furnish her with sufficient means to prosecute such complaint. On the event of the custody of children being awarded her, the Court can order an allowance for their support from the means of the husband.
Dower. Dower is the right possessed by every married woman, with the exceptions mentioned below, to the use, at his death, of onethird of all the real estate of her husband during her life. In California and Indiana the right to dower has been abolished, but in all the other States it is still in force, and in Connecticut her dower right is to the use of one-third of all which he dies seized. Where she is entitled to dower, she must join in every conveyance, mortgage, &c., of real estate by her husband, as otherwise her right of dower does not pass, and her right of dower cannot be assigned or conveyed otherwise than by herself personally or by agent or attorney by instrument under her hand and seal. A wife under twenty-one years of age is incapable of binding herself by any instrument, 'debarring herself from her right to dower, and has the option, on arriving at majority, of ratifying or annulling the instrument.
The wife's dower right operates against the estate only after all liens and incumbrances against the same have been satisfied and discharged.
In the event of a wife's being divorced for adultery she forfeits all right to dower as well as any part, share or interest in his personal property.
The right to dower does not embrace crops growing at hus band's decease on such real estate, they going to the heirs.
Rights of Widows At the death of the husband without children the widow takes, As a general rule, in addition to her dower right, one half of the personal property absolutely. In Missouri the widow takes absolutely all the beds, bedding, wearing apparel, household furniture, provisions, spinning wheels, cards, and other implements of industry necessary for the family; also kitchen furniture to the value of twenty-five dollars and any other personal property desired, not exceeding two hundred dollars in value, and takes all property brought by her to her husband at marriage, and one half of all property real and personal after paying debts. In Pennsylvania she takes, besides her dower, all personal property. In Tennessee she takes all real estate in fec simple after paying the debts. In New Jersey she takes all personal property owned by her at marriage or acquired by her subsequently. In Ohio she takes all articles of personal furniture owned by her at marriage, or acquired subsequently, and they cannot be sold to pay the debts of the estate. In California she takes the whole of the common property of both husband and wife, real and personal. In Indiana, where the estate of the deceased is not more than three hundred dollars, she takes it all, free from creditors, in fet, unless she marry again, in which case she has only a life estate, the remainder descending to the husband's issue; if the estate is not more than ten thousand dollars she takes one third ; if more than ten and less than twenty thousand, one quarter; if more than twenty, one-fifth.
At the death of her husband, leaving children, the general rule is that the widow takes, in addition to her dower right, onethird of the personal property absolutely. In Alabama, however, if there is but one child she takes one half; if more than one and under five, a child's share; and if five or more, one-fifth. In Missouri she takes a child's share of the personal property absolutely, or, if preferred, one-third of it, after payment of debts. In Indiana 'she takes one half, if there is but one child, and onethird if two or more.
In California she takes one-half of the common property of both husband and wife, real and personal. In Louisiana she is also entitled, in the absence of a will, to the rents, issues and profits of the children's portions till they attain their majority, or she marries again.
In Missouri the widow is entitled to dower in all property leased for twenty years or more.
In the event of the husband's leaving a will containing devises or l equests to the wife, in lieu of dower, she has her option at his death, whether to claim her dower or to take such deriscs or bequests in its stead.
In Massachusetts, Michigan, Minnesota Mississippi, New Jersey, New York, North Carolina, Ohio, Oregon, Tennessee and Wis consin express provision is made that alienage shall not bar the right of the widow to dower in land to which the alien might have died entitled.
Marriage Certificate. I, Jacob Miler, Minister of the Gospel and Rector of St. Paul's • Protestant Episcopal Church at Smithtown, Suffolk County, and
State of New York, do hereby certify, that, on the fourth day of June, in the year of our Lord one thousand eight hundred and sixty-two, at the rectory of said church at Smithtown aforesaid, I joined together in Holy Matrimony, John Smith, of the City, County and State of New York, and Jemima Jenkins, of Jersey City, in the State of New Jersey, according to the forms and customs of said church to which I belong, in the presence of Charles F. Banks, of said City of New York, and James T. Baker, of said Jersey City, attesting witnesses thereto. I further certify, that the said parties married by me as aforesaid, were personally known to me (or, if not, were satisfactorily proved by the oath of Charles Banks, a person known to me,'') to be the persons described in this Certificate, and that before I solemnized such marriage as aforesaid, I ascertained that the said John Smith and Jemima Jenkins were of sufficient age to contract marriage; and after due inquiry made by me at such time, there appeared no lawful impediment to such marriage.
JACOB MILLER. Same by a Public Officer. This is to certify, that on the first day of August, 1852, I, John Smith, Mayor of the City of Brooklyn, joined together in marriage, at my office in said City, Thomas Jones, of Jamaica, Queen's County, and Sarah Briggs, of the City of Chicago and State of Illinois, according to the law in such case made and provided, in the presence of James Blake, of the City of New York, and Charles Ambler, of Yonkers, Westchester County, New York, attesting witnesses thereto. Í further certify (same as preceding form to end, altering names.)
Given at my office, in said City of Brooklyn, the day and year abore mentioned.
JOHN SMITH, Mayor. Marriage Settlement. This Indenture, made this tenth day of January, in the year of our Lord one thousand eight hundred and sixty-seven, between Peter Grey, of the City, County and State of New York, baker, party of the first part; Jane Sm'th, of the same place, spinster, party of the second part; and William Johnson and James Culver, both of the same plaw merchants, parties of the
Whereas a marriage is intended to be solemnized between the said Peter Grey and the said Jane Smith, and in consideration of such intended marriage the said parties have agreed to bring into settlement, for their benefit and for that of the issue of the Baid intended marriage, the property following, that is to say:
The said Peter Grey hath agreed so to bring into settlement. (Here specify what property the husband brings in.)
And the said Jane Smith hath agreed so to bring into settlement. (Here specify what property the wife brings in.)
And whereas, by two several Indentures of Assignment respectively, being even date herewith (or as the case may be), the said parties hereto of the first and second parts, have conveyed, assigned, transferred and set over, all and singular the said property to the parties hereto of the third part, as trustees for the trusts and purposes hereinafter mentioned, Now, therefore, this Indenture witnesseth, and the parties hereto of the third part, At the request, and by and with the direction and consent of the said parties hereto of the first and second parts, do hereby respectively covenant, declare and agree, to and with the said lastnamed partics, their executors, administrators and assigns, that Shey, the said parties hereto of the third part, and the survivors of them, and the executors, administrators and assigns of such zurvivor shall, and will stand possessed of and interested in the said property so respectively assigned to them as aforesaid : To 'he uses upon the trusts, and to and for the ends, intents and purposes hereinafter declared, that is to say, upon trust when, ind as they, the said trustees shall, from time to time receive, or become entitled to receive, the said property, either to continue the same in its then present state, or, from time to time, call in and convert the same into money, and invest the proceeds thereof in any Government, State, or real security in the United States of Ainerica, and, from time to time, to vary the investment thereof, as aforesaid, at their or his discretion; but every such investment or variation to be so made as expressed, to be, from time to time, made with the consent and by the direction of the said Peter Grey, if then living, and upon trust that they, the said trustees do, and shall stand possessed of the said securities, to be so from time to time standing in their or his name or names as aforesaid; and of the interest, dividends, income and annual proceeds thereof, upon trust; to pay such interest, dividends, income and annual proceeds, from time to time, to the said Jane Amith, during her life, for her sole and separate use, as if she were sole and unkarried, apart from the said Peter Grey, her intended husband, and not to be, in any manner, subject to his debts, control or engagements, but without power to her, the said Jane Smith, to anticipate, charge or incumber the same. And from and after the decease of her, the said Jane
Smith, if the said Peter Grey shall survive her, then, apon trust, to pay the same interest, dividends, income and annual proceeds to him, the said Peter Grey, during his life. And from and after the decease of the survivor of the said two several parties, then to stand possessed of the principal of the same stocks, funds and securities, in trust for the child or children, if any of the s.id intended marriage, or for any issue of any such child or children who, at the time of the appointment hereinafter men tioned, shall have died leaving issue, then living, to be divided between or amongst them; if more than one, in such parts, shares or proportions, and to be vested and payable, at such time or times, and in such manner, as the said Peter Grey and Jane Smith shall, by any deed or deeds executed by them, or as the survivor of them shall, by any deed or deeds executed by him or her, or by his or her last will and testament, or by any codicil thereto, from time to time, respectively direct, limit or appoint, Provided, nevertheless, that such powers shall not be exercised in favor of the issue of any such deceased child or children to an extent exceeding the share that their deceased parent or parents would have taken under these presents in default of any exercise of their powers of appointment by the said Peter Grey and Jane Smith, or the survivor of them; and in default of the exercise of the aforesaid powers of appointment, or either or any of them, or so far as such exercise, if incomplete, shall not extend, then it is hereby further declared and agreed that they, the said trustees, shall stand possessed of the aforesaid trust funds upon trust for all and every the children of the said intended marriage, to be equally divided between or amongst them, if more than one; and if one, the whole to go to such one child, the portions of such children to be vested in and payable to them, and transmissible to their issue, if any, on their respectively attaining the age of twenty-one years, or being married, whichever shall first happen, with full power for the said trustees to apply the income of their expectant shares, or any part thereof, for the maintenance or education, or for the advancement in the world, of any such child or children respectively during their respective minorities. And in case there shall be no child or children of the said intended marriage who shall live to attain a vested interest in the principal of the said trust funds as aforesaid, then subject to the aforesaid life interest, and after the determination thereof respectively the said trustees shall stand possessed ot the said trust funds, as follows, to wit: As to the trust funds so brought into settlement and assigned to the said trustees by the said Peter Grey, in trust for the executors, administrators or assigns of him, the said Peter Grey, in iike manner as if he har! then died unmarried. And as to the trust funds so brought into settlement and assigned to the said trustees by the said