In Re the Mortgage of Mikolajewski

Herrmann, J.:

Theoretically at least, this is an adversary proceeding between a husband and the administrator of his wife’s estate, based upon an alleged contract between the husband and wife. I am of the opinion that such an action is not cognizable in this Court.

At common law a contract between husband and wife was invalid and unenforceable. The Married Women’s Act of this State, which removed many of the common-law disabilities of married women, appears at Paragraph 3541, Revised Code of Delaware 1935, and provides as follows: “The property of a married woman, whether real, personal or…