Butman v. Porter
Massachusetts Supreme Judicial Court
Bill in equity filed October 19,1867, by a daughter of the first marriage of Robert Cm rev, deceased, and her husband, against the widow of the deceased, and the executor of his will, to restrain the former from prosecuting any claim for, and the latter from paying to her, a distributive share in the estate, the bulk of which the will left in trust for the benefit of the plaintiffs and of a son and daughter-in-law of the testator; praying for an injunction and general…
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Bill in equity filed October 19,1867, by a daughter of the first marriage of Robert Cm rev, deceased, and her husband, against the widow of the deceased, and the executor of his will, to restrain the former from prosecuting any claim for, and the latter from paying to her, a distributive share in the estate, the bulk of which the will left in trust for the benefit of the plaintiffs and of a son and daughter-in-law of the testator; praying for an injunction and general relief, on the ground that the widow, who was the second wife of the testator, to whom she was married on August 9,1858, was…
1Opinion of the CourtWells, J.
This case was heard upon the bill and answer. But, by the terms under which it is reserved for our present determination, the only question to be decided is as to the validity of the antenuptial contract, so far as it is affected by the fact that it was not recorded in accordance with the requirements of the St. of 1845, c. 208.
The statute required a contract, made under its provisions, to be recorded in the registry of deeds, “ either before the marriage, or within ninety days thereafter; ” and provided that “ if not so recorded said contract shall be void.” That statute however applied only…
2Cited by10 opinions
- Rieger v. SchaibleNebraska Supreme Court · 1908
- Freeland v. FreelandMassachusetts Supreme Judicial Court · 1880
- Putnam v. GraceMassachusetts Supreme Judicial Court · 1894
- Deshon v. WoodMassachusetts Supreme Judicial Court · 1888
- Becker v. BeckerIllinois Supreme Court · 1909
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