Ireland v. Ireland

• Decision Date: 07 February 1888
• Citation: 12 A. 184,43 N.J.E. 311
• Parties: IRELAND v. IRELAND et al.
• Court: New Jersey Court of Chancery

12 A. 184

43 N.J.E. 311

IRELAND

v. IRELAND et al.

Court of Chancery of New Jersey.

February 7, 1888.

Bill by Hannah Ireland against Samuel Ireland and Amanda Steelman to procure a discovery of the lands of which Joseph Ireland died seized, and of the profits that the defendants, his devisees, have had therefrom since his death, in 1884, and also payment to the complainant, who is his widow, of her proper share of those profits, and the assignment to her of her dower in said lands. To the suit the defendant interposes a plea which, excepting some formal parts, is as follows: "That the said Joseph Ireland and Hannah, his wife, the complainants, were unable to live happily together, in consequence of which they made and executed an agreement of separation in form and terms as follows:

"'This indenture, made this twenty-eighth day of May, in the year of our Lord one thousand eight hundred and seventy-two, between Joseph Ireland, of Egg Harbor township, in the county of Atlantic and state of New Jersey, of the first part, and Hannah Ireland, his wife, of the second part. "Whereas, unhappy differences subsist between Joseph Ireland and Hannah, his wife as aforesaid, for which reason they agree to live separate, now this indenture witnesseth that the said Joseph Ireland, in pursuance of mutual agreements between him and his said wife, doth hereby, for himself, his heirs, executors, and administrators, covenant and agree to and with the said Hannah, his wife, as follows: that he, the said Joseph Ireland, will permit the said Hannah from henceforth, during her life, to live separate from him, and to stay and reside at such place or places as she pleases, and to carry on and follow such trade and business as if she were a feme sole, as to her may seem fit and proper; and that he will not reclaim or molest her or any other person or persons on her account, in any manner or way whatsoever, for receiving or entertaining her. And it is hereby covenanted and agreed, by and between the parties of the first and second parts, that the said Joseph Ireland shall have to himself, his heirs and assigns, all manner of property, both real and personal, of whatsoever nature and description, and wheresoever situate, which was his at the time of his marriage with the said Hannah, or which he has acquired since, or which he may hereafter acquire. And also, that the said Hannah have to herself, her heirs and assigns, all manner of property, both real and personal, of whatever nature and description, and wheresoever situate, which was hers at the time of her marriage with the said Joseph Ireland, or which she has acquired since, or which she may hereafter acquire. And the said Joseph Ireland, for himself, his heirs and assigns, doth hereby covenant and agree with the said Hannah that he will pay unto her, upon the execution of the within indenture, fifteen hundred dollars, all of which the said Hannah doth hereby agree to accept and take in full satisfaction for her support and maintenance, and of all alimony during her coverture.'

"That after the date of said agreement they lived separate and apart under and according to its provisions, which were complied with by both parties thereto during the life-time of the said Joseph Ireland; that he paid the sum of fifteen hundred dollars, required to be paid by him by the said agreement, and he suffered her always to live apart from him, and employ her time, and control and use her separate estate as she pleased, without any interference whatever on his part; that, having confidence that she would conform to the said agreement in all things on her part to be performed, after as well as before his death, he made and duly published his last will and testament, wherein and whereby he devised the said premises in question to the said defendants. And these defendants charge that the said complainant, under and by virtue of the said agreement, fully performed in all its parts by both parties thereto during the life-time of the said Joseph Ireland, has in law, equity, and good conscience, released her dower in the said premises, and in all and every part of the real estate whereof he died seized."

John F. Harned, for complainant. David J. Pancoast, for defendants.

MCGILL, Ch., (after stating the facts as above.) The plea, it will be noticed, presents the following facts: Joseph Ireland and his wife, the complainant, were unable to live happily together, and consequently agreed to live apart, and upon arriving at such agreement, they entered into a written contract with each other, without the intervention of trustees, in which Ireland undertook that he would permit the complainant, during her life, to live separate from him, reside where she pleased, and follow any trade or business as a feme sole, and that he would not molest her or any other person because of her; and both parties agreed that each should have to his or her and his or her heirs or assigns, all their respective properties, real and personal, then acquired or thereafter to be acquired; and Ireland further agreed to pay the complainant, upon the execution of the agreement, $1,500, which she was to accept in full...