This section contains the nature of the case and procedural background.

The father was an avowed atheist who wrote and published works to that effect. The father and the mother were married in 1811 and had two children. Three ago the father deserted the wife and mother and had unlawfully cohabitated with another woman since then. The mother and wife returned to live with her parents and was maintained by her mother and her father. The mother and wife died, and now the father comes before the court seeking custody of his children. The maternal grandfather opposed this and transferred 2000 pounds into trust of the children.

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