In re Willoughby
New York Court of Chancery
UpoN the execution .of a commission of lunacy, W. Willoughby was found to be a lunatic; and his wife was appointed the committee of his person only, and W. W. Sweney was appointed the committee of his estate. An order was also made referring it to a master to inquire and report what sum was proper to be allowed to the wife of the lunatic, as the committee of hig person, for his and her support; in addition to the use of his dwelling house and appurtenances.
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UpoN the execution .of a commission of lunacy, W. Willoughby was found to be a lunatic; and his wife was appointed the committee of his person only, and W. W. Sweney was appointed the committee of his estate. An order was also made referring it to a master to inquire and report what sum was proper to be allowed to the wife of the lunatic, as the committee of hig person, for his and her support; in addition to the use of his dwelling house and appurtenances. The wife npw presented a petition to amend the order of reference, so as to. include an allowance for her daughter by a former husband;…
1Opinion of the Court
The Chancellor.
There is no legal or satisfactory evidence to establish the supposed ante-nuptial agreement, even if such an agreement by parol would be binding upon the lunatic or his estate. Again, the statute is imperative that every agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry, shall be void, if not in writing and subscribed by the party to be charged therewith. (2 R. S. 135, § 2.) No claim for the support of the step-daughter can therefore, be founded upon the supposed agreement stated in the petition; and the lunatic is not bound…
2Cited by24 opinions
- Strunk Ex Rel. Burton v. StrunkCourt of Appeals of Kentucky (pre-1976) · 1969
- In re the Judicial Settlement of the Account of The Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Hunt v. . HuntNew York Court of Appeals · 1902
- Claim of Lord v. Estate of HaslettNew York Court of Appeals · 1919
- Hart v. BrownConnecticut Superior Court · 1972
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