Legal Opinion

Comstock v. Comstock

Supreme Court of Arkansas

Decided November 29, 1920PublishedCited by 11 opinions

Appeal from Crawford Chancery Court; J. V. Bow-land, Chancellor; 1. The antenuptial contract was a jointure and reasonable, and bars dower. Kirby’s Digest, §•§ 2695-6; 62 Ark. 79; 140 N. W. 872; 21 Cyc. 1255; 79 Ky. 517; 98 N. E. 588; 108 Id. 691; 110 Id. 34; 130 N. W. 155; 87 Ark. 175. 2. Marriage was a sufficient consideration to support the antenuptial contract.

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Appeal from Crawford Chancery Court; J. V. Bow-land, Chancellor; 1. The antenuptial contract was a jointure and reasonable, and bars dower. Kirby’s Digest, §•§ 2695-6; 62 Ark. 79; 140 N. W. 872; 21 Cyc. 1255; 79 Ky. 517; 98 N. E. 588; 108 Id. 691; 110 Id. 34; 130 N. W. 155; 87 Ark. 175. 2. Marriage was a sufficient consideration to support the antenuptial contract. Such contracts, when freely entered into and when not unjust or inequitable, are favored and enforced and liberally construed to give effect to the intent of the parties. 123 Pac. 742; 33 Kan. 449; 61 Id. 683; 116 Ind. 545. 3. At…

1Opinion of the CourtWoon, J.

On the 20th day of August, 1914, the appellant and appellee entered into the following contract:

“Whereas, R. Comstock, of Uniontown, Arkansas, and Ella Babb, of the same town and State, have entered into an agreement to marry, and whereas, the said R. Comstock has an estate or property and children of his own, and the said Ella Babb has an estate or property of her own; therefore this agreement is made. The said R. Comstock agrees to bear all expenses of the entire family, except the clothing or wearing apparel for Mrs. Babb’s children, which are to be borne by the Babb estate. The said Ella…

2Cases cited13 opinions

  1. Appleby v. Estates of ApplebySupreme Court of Minnesota · 1907
  2. Fitzpatrick v. OwensSupreme Court of Arkansas · 1916
  3. Rieger v. SchaibleNebraska Supreme Court · 1908
  4. Gainus v. CannonSupreme Court of Arkansas · 1884
  5. McDonald v. SmithSupreme Court of Arkansas · 1910

8 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Oliphant v. OliphantSupreme Court of Arkansas · 1928
  2. Davis v. DavisSupreme Court of Arkansas · 1938
  3. Leonard v. PrenticeSupreme Court of Oklahoma · 1935
  4. Kingsley v. NobleNebraska Supreme Court · 1935
  5. Burnes v. Burnes, AdministratorSupreme Court of Arkansas · 1941

6 more not listed; retrieve them via the Exa API.

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