Wentworth v. Wentworth
Supreme Judicial Court of Maine
On Beport. The first case is an action of dower ; the second an appeal from an allowance made by the judge of probate to the appellee, as the widow of Asa Wentworth. The two cases were tried together. During the progress of the trials, Arthur F. Wentworth offered in evidence paper “ A,” and contended that it would bar the claims’for dower and allowance.
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On Beport. The first case is an action of dower ; the second an appeal from an allowance made by the judge of probate to the appellee, as the widow of Asa Wentworth. The two cases were tried together. During the progress of the trials, Arthur F. Wentworth offered in evidence paper “ A,” and contended that it would bar the claims’for dower and allowance. The presiding justice ruled, pro forma, that said instrument would not bar Mrs. Wentworth of her claim for dower or allowance. Whereupon, by agreement, the cases were withdrawn from the jury, for the law court to determine, before settling any…
1Opinion of the CourtVirgin, J.
The first question to be determined is: Does the instrument of February 4, 1867, if executed freely and understandingly, bar the plaintiff’s claim of dower in the lands of her late husband ?
The decision of this question depends upon the construction to be given to R. S., c. 61, § 6, and upon that of the instrument itself.
This provision of the statute first appeared in the revision of 1857, in accordance with the recommendation of the distinguished revision commissioner, Shepley, late C. J. Com. Rep. 7. The material part of the section provides that, parties about entering upon the relation of…
2Cases cited6 opinions
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