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Supreme Court· 5/13/1889

Stickney v. Stickney

Citations

  • 131 U.S. 227
  • 9 S. Ct. 677
  • 33 L. Ed. 136
  • 1889 U.S. LEXIS 1816

Syllabus

<p>In a suit in equity in the Supreme Court of the District of Columbia it is competent, under the acts of Congress, for a married -woman, who is a party' thereto, tó disclose, as a witness, directions given by her to her husband respecting the investment of her separate property, though- she could not be compelled to make such disclosure against her wishes. Kev. Stat. Dist. Col. §§ 876, 877.</p> <p>There is no higher presumption that a married woman in the District of Columbia intends, by placing her separate money in the hands of her husband, thereby to make a gift of it to him, than there is that a third person has such intent when he in like manner deposits money with him. 16 Stat. 45,.c. 23.</p> <p>In the District of Columbia, whenever a husband acquires possession of the separate property of his wife, whether with or without her consent, he must be deemed to hold it in trust for her benefit, in the absence of any direct evidence that she intended to make a gift of it to him.</p>

Judges: Field

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