mercein v. people

mercein v. people - MERCEIN v. THE PEOPLE, ex rel. BARRY....

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MERCEIN v. THE PEOPLE, ex rel. BARRY. [NO NUMBER IN ORIGINAL] COURT FOR THE CORRECTION OF ERRORS OF NEW YORK 25 Wend. 64; 1840 N.Y. LEXIS 279 1840, Decided PRIOR HISTORY: [**1] ERROR from the Supreme Court. In 1835, the relator then being a subject of the King of Great Britain, intermarried in the City of N. Y. with Eliza Anna, the daughter of Thomas R. Mercein, a citizen of this country. The relator took his wife to Nova Scotia and resided there about a year, when he removed to the City of N. Y., where he resided until 1838. In the meantime two children were born, the issue of the marriage, one a son and the other a daughter. In Apr., 1838, the relator having become embarrassed in his circumstances, returned to Nova Scotia with four daughters, the issue of a former marriage, and his wife, with his consent, went with her two children to the house of her father, in the City of N. Y. In about three weeks, he returned to N. Y., and solicited his wife to desire her father to aid him in establishing himself in business in Nova Scotia, and to tell him that it was her wish to go there. This she declined to do, and told him she would rather part at once. Whereupon he told her that he was about to leave her forever, and would take his boy with him to Nova Scotia. May 15 he wrote a letter to her in which he says: "My resolution is taken. I have felt it my duty to [**2] acquiesce in your decision of our final separation at once," and proposed to her to have the necessary measures taken accordingly. May 17 he wrote to the father of his wife, proposing that the terms of the separation should be settled by counsel, and June 7, 1838, the following instrument having been drawn up, was executed under the hands and seals of the relator, his wife, and her father: "Agreement made this 7th day of June, 1838, between John A. Barry of the first part, Eliza Anna Barry of the second part, and Thomas R. Mercein of the third part. Whereas, certain differences have existed between John Alex. Barry and Eliza Anna, his wife, which it is their mutual desire shall be amicably and peacefully arranged and reconciled; and the said John A. Barry's business requiring him to be absent from New York for a time; and neither individual at present wishing a final separation, it is agreed between the aforesaid John Alex. Barry of the one part, the said Eliza Anna, his wife, of the second part, and Thomas R. Mercein of the third part, that the said John A. Barry shall leave in the care and keeping of his said wife, until the first day of Hay next ensuing, their daughter, Mary Mercein, [**3] and that on that day or so soon thereafter as may be, he shall relinquish to Eliza Anna, his said wife, all his right existing at that or accruing at any then future period to their said daughter, provided his said wife shall then require him so to do. The aforesaid parties also covenant and agree that Mercein, the son of the said John Alexander and Eliza Anna, shall be left in the care and keeping of his said mother until she
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This note was uploaded on 04/08/2008 for the course HIST 327 taught by Professor Hamm during the Spring '08 term at SUNY Albany.

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mercein v. people - MERCEIN v. THE PEOPLE, ex rel. BARRY....

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