Legal Opinion

Fischer v. Dolwig

North Dakota Supreme Court

Decided February 9, 1918PublishedCited by 11 opinions

Action to set aside a decree of tbe County Court of Stark County distributing the estate of a deceased person. Appeal from the District Court of Stark County, W. C. Crawford, «L Judgment for defendants. Plaintiff appeals. The marriage settlement is void under our Statute of Frauds because it was not signed until some length of time after marriage. An oral antenuptial contract other than to marry is void and cannot be validated after marriage. 21 Cyc. 1293; Comp.

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Action to set aside a decree of tbe County Court of Stark County distributing the estate of a deceased person. Appeal from the District Court of Stark County, W. C. Crawford, «L Judgment for defendants. Plaintiff appeals. The marriage settlement is void under our Statute of Frauds because it was not signed until some length of time after marriage. An oral antenuptial contract other than to marry is void and cannot be validated after marriage. 21 Cyc. 1293; Comp. Laws 1913, § 5881, Rowell v. Balber, 142 Wis. 937, 27 L.R.A.(N.S.) 1140, 125 N. W-937; McAnnulty v. klcAnnulty, 120 111. 26, 60 Am.…

1Opinion of the Court

Bruce, Ch. J.

This is an action to set aside a decree of the county court of Stark county, awarding to the defendants the real and personal property of one Jacob Dolwig, deceased, and asking that the defendants be compelled to account for the profits of the real estate of the said Jacob Dolwig since his death, and for all notes and accounts belonging to said estate; and that the plaintiff be decreed one third of the said notes and accounts as well as an undivided one-third interest as the wife of the said Jacob Dolwig in all of the real estate possessed by *167him at the time of his death; and…

2Cases cited4 opinions

  1. McAnnulty v. McAnnultyIllinois Supreme Court · 1887
  2. Richardson v. RichardsonIllinois Supreme Court · 1893
  3. Fischer v. DolwigNorth Dakota Supreme Court · 1915
  4. Rowell v. BarberWisconsin Supreme Court · 1910

3Cited by11 opinions

  1. Brey v. TvedtNorth Dakota Supreme Court · 1945
  2. Reichert v. ReichertNorth Dakota Supreme Court · 1919
  3. Herr v. HerrNorth Dakota Supreme Court · 1920
  4. Teel v. HarlanSupreme Court of Oklahoma · 1947
  5. Tooz v. ToozNorth Dakota Supreme Court · 1951

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