Palmer v. Palmer
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — No». W. G. Hall, Judge. Action in equity brought by the heirs and the administrator of the estate of W. D. Palmer, deceased, to quiet title to certain property owned by the deceased in his lifetime. Prom a decree in favor of the plaintiffs, the defendant appealed. In other words, an agreement renouncing marital rights .and obligations is void.
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Appeal from the Third District Court, Salt Lake County. — No». W. G. Hall, Judge. Action in equity brought by the heirs and the administrator of the estate of W. D. Palmer, deceased, to quiet title to certain property owned by the deceased in his lifetime. Prom a decree in favor of the plaintiffs, the defendant appealed. In other words, an agreement renouncing marital rights .and obligations is void. Those rights and obligations . cannot be renounced without the consent and sanction of the State or its courts; an agreement touching property rights, even though made between a husband and wife…
1Opinion of the CourtBartoh, J.
The principal and decisive question in this case is whether the contract pleaded and relied upon by the plaintiffs is valid and bars the widow’s right of inheritance. So far as material here, it reads: “Whereas, irreconcilable differences have arisen between W. D. Palmer and his wife, Ida M. Palmer, and in consequence thereof a permanent separation between them is desirable, and a divorce proceeding is in contemplation and will be instituted by one or the other of said parties, for the legal dissolution of the marriage tie existing; and, whereas, the said W. D. Palmer is willing to make a…
2Cases cited16 opinions
- Pope v. HankeIllinois Supreme Court · 1894
- Loveren v. LoverenCalifornia Supreme Court · 1895
- Adams v. AdamsSupreme Court of Minnesota · 1878
- Hamilton v. HamiltonIllinois Supreme Court · 1878
- Seamans v. Temple Co.Michigan Supreme Court · 1895
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Union Trust Co. v. GrosmanSupreme Court of the United States · 1918
- Maisch v. MaischSupreme Court of Connecticut · 1913
- American Nat. Ins. Co. v. DonahueSupreme Court of Oklahoma · 1915
- Jordan v. KittleIndiana Court of Appeals · 1926
- Price v. WalkerIndiana Court of Appeals · 1909
11 more not listed; retrieve them via the Exa API.