Stewart v. Powell
Court of Appeals of Kentucky
Case 81 — PETITION EQUITY APPEAL FROM WEBSTER CIRCUIT COURT. Section 9 of chapter 113, General Statutes, does not apply. Where there is executed simultaneously with the will an antenuptial contract fixing the property rights of the parties, as in this case, the reason for the statute ceases to exist.
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Case 81 — PETITION EQUITY APPEAL FROM WEBSTER CIRCUIT COURT. Section 9 of chapter 113, General Statutes, does not apply. Where there is executed simultaneously with the will an antenuptial contract fixing the property rights of the parties, as in this case, the reason for the statute ceases to exist. (Ptewart v. Mulholland, 88 Ky., 38; Mc-Annulty v. McAnnulty, 120 111., 26; Osgood v. Bliss, 141 Mass., 474.) The statute was not enacted with the design to prevent fraud on marital rights, but to prevent litigation over the question of intent on the part of the testator as to whether the will…
1Opinion of the Court
•JUDQ-E PB.YOK
delivered the opinion of the court.
James Stull, of Webster county, married a Mrs. Buckley, and, prior to the marriage, entered into a •contract fixing the right of property by reason of the marital relation. He gave to her a tract of land and some personal property during life, and at her •death he directed by a will, written at the same time, that the property should pass to one of his daughters, Mrs. Stewart, then Lilly Stull. The marriage was consummated in some four or five months after the ■contract had been entered into, but afterwards annulled by the decree of the…
2Cases cited3 opinions
- Will of WardWisconsin Supreme Court · 1887
- Osgood v. BlissMassachusetts Supreme Judicial Court · 1886
- Stewart v. MulhollandCourt of Appeals of Kentucky · 1888
3Cited by7 opinions
- Ransom v. HighWest Virginia Supreme Court · 1893
- Clevenger v. StewartCourt of Appeals of Kentucky (pre-1976) · 1926
- Noel v. NoelCourt of Appeals of Kentucky (pre-1976) · 1930
- Ransom v. ConnellyCourt of Appeals of Kentucky · 1892
- Duvall v. GarrettCourt of Appeals of Kentucky · 1970
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