Cooper v. Clason

Decided October 7, 1818

New York Court of Chancery · decided 1818-10-07

THIS cause came on for argument upon the amended bill, which contained this averment: “That, immediately after the death of the said testator, your orators separated from each other, and lived separate and apart from each other, for more than one year, on account of some unfor - túnate occurrences which your orators are advised, by their counsel, it is not necessary particularly to state; but they expressly declare, that such separation did not take place with any view, or…

Cited by 1 later decisions — most recently April 1883

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1818-10-07

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The Cháncele or said,

¶1the case was not essentially different from what it was when presented in June last, (a) Whether the separation must not have existed at the testator’s death, to give effect to the annuity, need not be considered, though, probably, that ground would be decisive. But the wife must show, at least an involuntary separation on her part, to entitle her to the annuity. It cannot be applied to a voluntary separation; the court cannot permit a wife to establish a claim founded on her own violation of conjugal duty.

¶2Bill dismissed with costs.

¶3 Vide S. C. ante p. 382.