Cole v. American Baptist Home Mission Society
Supreme Court of New Hampshire
Bill in Equity. Facts agreed. August 18, 1843, Jesse M. Sargent and Betsey Collins, in contemplation of marriage, made and executed the following deed, which was duly recorded: “ This indenture . . . witnesseth: That whereas the parties aforesaid have agreed to enter into the relation of marriage and to become man and wife and the said Betsey Collins agrees to become the wife of the said Jesse M. Sargent upon the conditions following, to wit: that she is to retain and have…
Read the full summary
Bill in Equity. Facts agreed. August 18, 1843, Jesse M. Sargent and Betsey Collins, in contemplation of marriage, made and executed the following deed, which was duly recorded: “ This indenture . . . witnesseth: That whereas the parties aforesaid have agreed to enter into the relation of marriage and to become man and wife and the said Betsey Collins agrees to become the wife of the said Jesse M. Sargent upon the conditions following, to wit: that she is to retain and have under her control and management the whole of her property both real and personal during her natural life and at her…
1Opinion of the Court
The ante-nuptial contract in this case was a marriage settlement, complete in itself. It was created by deed duly executed by the parties before marriage. The trusts manifested by the deed are what in equity are deemed executed trusts Equity regards a trust as executed, in distinction from executory, when the settlor has given complete directions for settling his estate, with perfect limitations. In this case there is nothing in the deed indicating any further act to be done by the parties. The contract was made in consideration of marriage, which, in contemplation of law, is not only a…
2Cases cited5 opinions
- Hollingsworth Magniac v. ThompsonSupreme Court of the United States · 1833
- Neves v. ScottSupreme Court of the United States · 1852
- Bradish v. GibbsNew York Court of Chancery · 1818
- Neves v. ScottSupreme Court of the United States · 1850
- Batchelder v. LakeSuperior Court of New Hampshire · 1840
3Cited by5 opinions
- Cushing v. SambolaSupreme Court of Louisiana · 1878
- Upton v. WhiteSupreme Court of New Hampshire · 1942
- Dana v. SanbornSupreme Court of New Hampshire · 1899
- Hearsey v. BoothSupreme Court of Louisiana · 1881
- Hubbs v. Gramm-Burnstein Co.Louisiana Court of Appeal · 1915