Nathan v. Nathan
Massachusetts Supreme Judicial Court
Bill in equity, brought by the widow of Emanuel Nathan, against the executors of and the beneficiaries under his will, to set aside an ante-nuptial contract which she was induced to sign by the alleged fraud and misrepresentations of the said Nathan. The defendants demurred to the bill, on the grounds that the plaintiff had a plain, adequate, and complete remedy at law, and that there was no allegation in the bill that the plaintiff had waived the provisions of the will.
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Bill in equity, brought by the widow of Emanuel Nathan, against the executors of and the beneficiaries under his will, to set aside an ante-nuptial contract which she was induced to sign by the alleged fraud and misrepresentations of the said Nathan. The defendants demurred to the bill, on the grounds that the plaintiff had a plain, adequate, and complete remedy at law, and that there was no allegation in the bill that the plaintiff had waived the provisions of the will. The demurrer was overruled by Barker, J., who reported to this court the question whether it should have been overruled.…
1Opinion of the CourtMorton, J.
The only ground of demurrer now relied on is that the plaintiff has a plain, adequate, and complete remedy at law, and does not allege that she has waived the provisions of the will. The demurrer admits the allegations contained in the bill, and we think that the bill states a case which entitles the plaintiff to relief. Formerly, an ante-nuptial contract like this constituted no bar in the Probate Court to an application by a widow for an allowance or distributive share out of her husband’s estate. Sullings v. Richmond, 5 Allen, 187. Blackinton v. Blackinton, 110 Mass. 461. Whether under St.…
2Cases cited8 opinions
- Holden v. HoytMassachusetts Supreme Judicial Court · 1883
- McCue v. WhitwellMassachusetts Supreme Judicial Court · 1892
- Fuller v. PercivalMassachusetts Supreme Judicial Court · 1879
- Stratton v. HernonMassachusetts Supreme Judicial Court · 1891
- Billings v. MannMassachusetts Supreme Judicial Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- J. P. Eustis Manufacturing Co. v. Saco Brick Co.Massachusetts Supreme Judicial Court · 1908
- Foote v. CottingMassachusetts Supreme Judicial Court · 1907
- Weeks v. CurrierMassachusetts Supreme Judicial Court · 1898
- Wilhelm v. Consolidated Oil CorporationCourt of Appeals for the Tenth Circuit · 1936
- Driscoll v. SmithMassachusetts Supreme Judicial Court · 1903
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