Not Ground For Divorce

Schwartz, W. B. - 1903-07-08 #2NOT GROUND FOR DIVORCE

Judge Carter Would Not Grant It Because Defendant Is Insane

William B. Schwartz, an attorney whose wife has been in the Central Insane Hospital since 1890, was refused a divorce by Judge Carter yesterday. The judge said that insanity is not a ground for divorce in Indiana; that it is one of the “risks of the partnership,” and he would not grant a decree on that ground.

Edgar A. Brown was appointed guardian to look after Mrs. Schwartz’s interest in the suit. Schwartz’s attorney made the plea that his client should not for the rest of his life have such a burden upon him, and claimed that in the insanity of his wife interfered with transfers of real estate he desired to make. Mrs. Schwartz’s brother was in favor of a divorce.

“Not Ground For Divorce,” The Indianapolis Journal (Indianapolis, Indiana), p. 9, col. 1; digital image, Chronicling America (http://chroniclingamerica.loc.gov/ : accessed 30 March 2014).

5 thoughts on “Not Ground For Divorce

  1. davidmadison1942

    “…and claimed that in the insanity of his wife interfered with transfers of real estate he desired to make. Mrs. Schwartz’s brother was in favor of a divorce.” Many angles to be considered.

    Reply
    1. Genealogy Lady Post author

      That was back in the day when married women had dower rights. In order to sell property, the woman was required to sign a receipt acknowledging her informed consent to the sale. Fairly hard to do if you are insane.

      Reply
  2. thegenealogygirl

    What an interesting argument from the judge – one of the ‘risks of partnership’. I don’t generally consider someone going insane as a potential risk in any type of partnership. Poor W.B. he really is having a hard time.

    Reply
    1. Genealogy Lady Post author

      I am really trying to see both sides of this. Of course, I have more information than you, but I tend to side more with W.B. He got dealt a very bad hand in the poker game of life.

      Reply

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