In re Petition of Lawton
| Decision Date | 27 July 1878 |
| Citation | 12 R.I. 210 |
| Parties | PETITION OF ELIZA C. LAWTON & GEORGE W. TAYLOR for an Opinion of the Court. |
| Court | Rhode Island Supreme Court |
A decree of divorce awarded alimony to the wife " to be paid," by the husband, " out of his real and personal estate:"
Held, that these words did not create a charge on the husband's real estate.
Held, further, that after the husband's death the wife's only claim under the decree was that of a judgment creditor of his estate.
Query. Whether such a claim existed.
William P. Sheffield, for Lawton.
Francis B. Peckham, Jr., for Taylor.
This is a case stated for the opinion of the court under Pub. Laws R.I. cap. 563, § 16, of April 20, 1876. The facts are these: In 1863, Eliza C. Lawton was divorced from her husband, Robert B. Lawton, it being decreed " that the bond of matrimony between the said Eliza and the said Robert be dissolved, and that she be allowed as alimony, to be paid by the said Robert out of his real and personal estate, the sum of one hundred dollars per annum during her natural life or until further order of this court, to be payable semi-annually, to wit: fifty dollars on the first Monday of March, and fifty dollars on the first Monday of September in every year, the payments to be made by the said Robert into the clerk's office of this court for the use of said Eliza, the clerk's receipt to be a discharge therefor to said Robert, and in case of non-payment execution to issue therefor." In May, 1876, Robert B. Lawton died, intestate and insolvent, leaving among his property certain undivided interests in several parcels of real estate in this State. Eliza C. Lawton claims that she has a lien under the decree for her alimony on said real estate, or a priority over simple contract creditors, enforcible in equity. George W. Taylor, who is the administrator, denies this. He contends that she has no lien; that her right to alimony has come to an end, and that the real estate may be sold for the payment of debts free from any lawful claim or incumbrance on her part.
The alimony was allowed under Rev. Stat. R.I. cap. 137, § 8 which provides that in case of divorce the wife shall " be allowed out of the real or personal estate of the husband, or out of both, such alimony as the court shall think reasonable, not exceeding the use of one moiety of his real estate, during the life of the wife, and the property of one half of his personal...
To continue reading
Request your trial
-
Gilbert v. Hayward
... ... This is the necessary initial step in their enforcement. Lawton, Petr., 12 R. I. 210, is not precisely in point as an authority, as that case was under a different statute, but it is of value by way of analogy. We ... for the education, maintenance, and support of the children * * * of all persons to whom a separate maintenance may be granted or who may petition for the same; * * * and to make all necessary orders and decrees concerning the same, and the same at any time to alter, amend, and annul for ... ...
-
Accardi v. Accardi
... ... Needham, Providence, for respondent ... [97 R.I. 337] CONDON, Chief Justice ... This is a petition for certiorari to review the action of the family court in entering an interlocutory decree in a divorce proceeding commenced against the petitioner ... Petition of Lawton, 12 R.I. 210; Tierney v. Tierney, 50 R.I. 105, 145 A. 444 ... We are therefore of the opinion that the family court did not have ... ...