Hoyt v. White
Supreme Court of New Hampshire
This action is brought against James White and several trustees, and Mahala White, claimant of fund in trustees’ hands. Mahala White, the claimant, is the wife of the defendant. Before marriage they made a marriage contract which is referred to in the opinion.
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This action is brought against James White and several trustees, and Mahala White, claimant of fund in trustees’ hands. Mahala White, the claimant, is the wife of the defendant. Before marriage they made a marriage contract which is referred to in the opinion. In 1864, at the date of the writ, and for several years before, the said Mahala was keeping a boarding house in Manchester, in her own name, and the trustees were boarding with her, and, at the time of the service of this writ, were indebted for board. The husband made the boarding house his home, but spent a portion of his time in…
1Opinion of the CourtSargent, J.
In this case there was an ante-nuptial contract in which it was stipulated that after marriage the wife should continue to hold " the whole right, title, interest and property in the real and personal estate and rights of action, to which she shall become entitled after the said marriage by descent, devise, purchase or otherwise, or of which she may be seized or possessed at the time of her marriage, to her sole and separate use free from the control or interference of her husband.” This contract was dated January 12, 1849.
At the time of the marriage the wife had property, but the husband was…
2Cited by2 opinions
- Cheshire Medical Center v. HolbrookSupreme Court of New Hampshire · 1995
- United Benefit Life Ins. Co. of Omaha v. ZwanCourt of Appeals of Texas · 1940