M'Cartee v. Teller
New York Court of Chancery
In February, 1817, Philip Jacobs, aged about 75 years, married Elizabeth Brown, then an infant under the age of twenty one.
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In February, 1817, Philip Jacobs, aged about 75 years, married Elizabeth Brown, then an infant under the age of twenty one. By an ante-nuptial agreement, made a few days previous to the marriage, executed by both parties, and also by the general guardian of the infant, it was agreed on the part of the husband, that upon his death the widow should receive an annuity of #1200, out. of his estate, during her widowhood : and should have all his household furniture, and a set of plate, to her own use absolutely. It Was further agreed that, in case of her re-marriage, the annuity should cease, and…
1Opinion of the Court
The Chancellor.
Before I proceed to examine the question whether the ante-nuptial contract was ever an equitable bar to the wife’s right of dower in this case, I will notice the last point made by the counsel for the defendants. It is supposed by them that by the will of the testator he intended to waive his right to insist oh the ante-nuptial contract ; and to give the widow the right to take her dower in his real estate, or to receive the provision made for her by the will, or that made previous to the marriage, at her election. On a careful examination of the provisions of this willr I am…
2Cited by17 opinions
- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
- Gould v. WomackSupreme Court of Alabama · 1841
- Gibson v. GibsonMassachusetts Supreme Judicial Court · 1818
- Peaslee v. PeasleeMassachusetts Supreme Judicial Court · 1888
- In re McKayNew York Surrogate's Court · 1893
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