Whitaker v. . Whitaker

The sole question in this case is, whether a meritorious consideration is sufficient in equity to sustain a promissory note given by a husband to his wife as against his collateral heirs.

The note cannot be sustained as a donatio mortis causa. That is not pretended; nor as a payment for a debt, though that is claimed. But I agree with the Supreme Court, that there is no ground for that claim. If a wife can be said to be entitled to higher consideration or compensation because she labors in the field instead of in her household (which I do not perceive and cannot admit), the law makes no such…