Warner v. Warner
California Supreme Court
The judgment was one of nonsuit on the specified grounds that none of the material allegations of the complaint have been proven, that it is not shown that plaintiff performed the conditions on his part to be performed, or that he cared for, kept, maintained, supported, or properly at all educated the child of defendant, as agreed. Further facts are stated in the opinion.
1Opinion of the Court
HARRISON, C.
Plaintiff and defendant entered into an antenuptial agreement May 17, 1889, wherein, in consideration of the marriage then contemplated between them, the plaintiff agreed to pay to the defendant certain moneys during her lifetime, and to care for, maintain, and educate a child of the defendant, and wherein the defendant, in addition to agreeing to be a dutiful and faithful wife, “does hereby relinquish and disclaim any and all right, claim, and interest in and to the property of said first party [the plaintiff] either as heir or otherwise.” Within a few days thereafter they were…
2Cases cited3 opinions
- Daley v. RussCalifornia Supreme Court · 1890
- Weinreich v. HensleyCalifornia Supreme Court · 1898
- Fontana v. Pacific Can Co.California Supreme Court · 1900
3Cited by26 opinions
- Lawless v. CalawayCalifornia Supreme Court · 1944
- In Re Estate of CoverCalifornia Supreme Court · 1922
- Barham v. BarhamCalifornia Supreme Court · 1949
- Estate of YoellCalifornia Supreme Court · 1913
- Landers v. WhitneyCalifornia Supreme Court · 1916
21 more not listed; retrieve them via the Exa API.