Mundy v. Munson
New York Supreme Court
Appeal from a judgment of tbe Jefferson Special Term, adjudging a certain ante-nuptial agreement to be an equitable mortgage on all the real and personal property of which Pearson Mundy, defendants’ intestate, died seized, and directing a foreclosure and sale.
Read the full summary
Appeal from a judgment of tbe Jefferson Special Term, adjudging a certain ante-nuptial agreement to be an equitable mortgage on all the real and personal property of which Pearson Mundy, defendants’ intestate, died seized, and directing a foreclosure and sale. The contract upon which the suit was brought by the widow of the intestate contained, among others, the following provisions : “ Now, therefore, the said party of the first par.t does hereby promise, covenant and agree, that immediately after the consummation of such intended marriage he will, by grant ■or by bequest, devise or…
1Opinion of the Court
Boardman, J.:
Two questions are presented by the opinion of the learned justice at Special Term, which go to the plaintiff’s right of recovery to the extent and in the manner provided for in the judgment appealed from. It is conceded that the plaintiff has a valid cause of action against the estate of the deceased under the ante-nuptial contract, but it is denied that she has any equitable lien, and her claim to priority of payment over the general creditors of the estate- is also denied. When the contract was made in 1873, the defendant’s intestate was in independent circumstances, but at his…
2Cases cited5 opinions
- Payne v. . WilsonNew York Court of Appeals · 1878
- Chase v. . PeckNew York Court of Appeals · 1860
- Otis v. SillNew York Supreme Court · 1849
- Husted v. . IngrahamNew York Court of Appeals · 1878
- Seymour v. Canandaigua & Niagara Falls RailroadNew York Supreme Court · 1857