Bryan v. Bryan
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court. James F. Robinson, Chancellor. Mrs. Mary Belle Bryan, (formerly Douglas), widow of Joel F. Bryan, brought suit against the administrator and heirs of her deceased husband, to recover dower in the lands of her intestate, who died in 1892. In answer, defendants relied upon an antenuptial contract entered into September 5,1882, between plaintiff and intestate, whereby the latter conveyed to her certain property in lieu of dower.
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Appeal from Jefferson Chancery Court. James F. Robinson, Chancellor. Mrs. Mary Belle Bryan, (formerly Douglas), widow of Joel F. Bryan, brought suit against the administrator and heirs of her deceased husband, to recover dower in the lands of her intestate, who died in 1892. In answer, defendants relied upon an antenuptial contract entered into September 5,1882, between plaintiff and intestate, whereby the latter conveyed to her certain property in lieu of dower. The terms of the contract are as follows: “That said Joel E. Bryan, in consideration of a marriage to be solemnized between him and…
1Opinion of the CourtWood, J.
The questions in this case as stated by
the appellant are: (1) Is the marriage contract void because it was acknowledged before an officer not authorized by the statute to take it? (2) If the contract be valid, should the widow be allowed dower out of the estate acquired by her husband after the marriage? (3) If the contract be not void, and if she be not entitled to dower out of the property obtained after the making of the contract, has she not a right in equity to charge the estate with all sums due her for the rental value of the land mentioned in the contract, which was used and enjoyed…
2Cases cited8 opinions
- Sidway v. LawsonSupreme Court of Arkansas · 1893
- Andrews v. AndrewsSupreme Court of Connecticut · 1830
- Perry v. PerrymanSupreme Court of Missouri · 1854
- Wentworth v. WentworthSupreme Judicial Court of Maine · 1879
- Cupp v. WelchSupreme Court of Arkansas · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Comstock v. ComstockSupreme Court of Arkansas · 1920
- Parriott v. Incorporated City of HamptonSupreme Court of Iowa · 1907