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" Thus, in an early case a deed made between husband and wife and a third person as trustee, with a covenant by the husband to pay such third person an annuity in case the wife should live separate and apart from her husband and should take one of her children... "
A Treatise of the Rights, Duties and Liabilities of Husband and Wife, at Law ... - Page 430
by James Clancy - 1828 - 684 pages
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Reports of Cases Argued and Determined in the Court of Exchequer: From ...

Great Britain. Court of Exchequer, George Price - Law reports, digests, etc - 1821 - 772 pages
...person (a trustee) with a covenant by the husband to pay such third person an annuity, in case the wife should live separate and apart from her husband, and should take one of her children to reside with her, is (semble) void, as being a deed made in contemplation of a future separation...
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - Contracts - 1824 - 680 pages
...person (a trustee), with a covenant by the husband to pay such third person an annuity, in case the wife should live separate and apart from her husband, and should take one of her children to reside with her, is void as being a deed made in contemplation of a future separation at the pleasure...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 8

Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1826 - 780 pages
...wife and a trustee, with a covenant by the husband to pay such trustee an annuity, in case the wife should live separate and apart from her husband, and should take one of her children to reside with her, was void, as being a deed made in contemplation of a future separation, and therefore...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 6

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Cresswell Cresswell - Law reports, digests, etc - 1828 - 804 pages
...deed of separation, and the covenant set out was a covenant to pay a certain sum for the use of the wife in case she should live separate and apart from her husband. It was manifest on the face of the deed, that the parties contemplated present cohabitation and future...
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A Treatise Upon the Law of Annuities and Rent Charges

William Golden Lumley - Annuities - 1833 - 570 pages
...had entered into an agreement that the husband should pay an annuity to the trustee for the wife, if she should live separate and apart from her husband, and should take one of her children to live with her. It was urged that this deed was void, as providing for a future separation at the...
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A Practical Treatise of the Law of Marriage and Divorce: Containing Also the ...

Leonard Shelford - Divorce - 1841 - 532 pages
...the trustee to pay an annuity during the joint lives of the husband and wife tn case she should lioe separate and apart from her husband, and should take...her children by her said husband to live with her, and it was further agreed that it should be lawful for her, whenever she should live apart from her...
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A Practical Treatise on the Jurisdiction of the High Court of Chancery Over ...

John David Chambers - Children - 1842 - 1000 pages
...covenanted to pay an annuity of 5001. to trustees for the wife, in case of a separation, and that she should take one of her children, by her said husband, to live with her; and which contained also an agreement, that whenever she should live apart she might take any one of...
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THE LAW OF HUSBAND AND WIFE, AS RESPECTS PROPERTY. VOL.II

JOHN EDWARD BRIGHT - 1849 - 636 pages
...in a deed of separation between the husband and wife (reciting subsisting differences), the husband covenanted with a trustee to pay him an annuity of...afterwards, without his consent, and against his will, she quitted and left him, and ceased to cohabit with him; and to this plea the plaintiff demurred. The...
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Ruling Case Law: As Developed and Established by the Decisions and ..., Volume 9

William Mark McKinney, Burdett Alberto Rich - Law - 1915 - 1392 pages
...person as trustee, with a covenant by the husband to pay such third person an annuity in case the wife should live separate and apart from her husband and should take one of her children to reside with her, was held void as being a deed made in contemplation of a future separation at the...
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