Reports of Cases Decided by the English Courts Volume 2; With Notes and References to Kindred Cases and Authorities (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 Excerpt: ... mother, and the last half thereof with the father. The bill was subsequently amended, and, as amended, contained a prayer that the Defendant Alexander Hector, might be desired to deliver up to Anne Hector all copies of her journals, diaries, and private memoranda made by him or by his 515 order, or for his use; that it might be declared that the provisions contained in the deed of separation relating to the children and their holidays were binding on the Defendant, and that the aforesaid directions given by the trustees were reasonable and proper, and ought to be observed; and that the Defendant might be restrained from preventing the elder two children, or either of them, from passing their future holidays otherwise than as the trustees had directed by their aforesaid second notice. The cause uow came on to be heard on the same evidence as had been adduced on the hearing of the appeal motion. Mr. Lindley, Q.C., and Mr. Cookson, for the Plaintiffs: The younger children of Mr. and Mrs. Hector are still under seven years of age; and no question has arisen or now arises respecting the custody of them. The provisions of the deed of separation now sought to be enforced relate, not to the custody of the elder children, but to the access of their mother to them. We ask a decree which will compel the Defendant to permit these two children to spend their holidays in accordance with the directions given by the trustees until further order--in other words, to enforce a reasonable covenant entered into by the Defendant. The validity of. separation deeds is clearly established by Wilson v. Wilson ('). In Swift v. Swift (2) a husband, who was proved to be unfit to be entrusted with the custody of children, was restrained from interfering with them contrary to the terms ...