Speck v. Dausman
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The contract was not executed until a divorce was obtained between the parties, and when an actual separation had taken place ; and when executed, the provisions thereof referred to the alimony and support of the wife, and were in all respects valid. — 2 Story’s Eq., sects. 1427,1428 ; Simpson v. Simpson, 4 Dana, 141; Wilson v. Wilson, 14 Sim.
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Appeal from St. Louis Circuit Court. The contract was not executed until a divorce was obtained between the parties, and when an actual separation had taken place ; and when executed, the provisions thereof referred to the alimony and support of the wife, and were in all respects valid. — 2 Story’s Eq., sects. 1427,1428 ; Simpson v. Simpson, 4 Dana, 141; Wilson v. Wilson, 14 Sim. (in 37 Eng'. Ch. Rep.) 405 ; JBittle v. Wilson, 14 Ohio, 257 ; Hutton v. Hutton, 3 Barb. 100 ; Ohapmcm v. Gray, 8 Gra. 341; Wells v. Stout, 9 Cal. 479 ; Garson v. Murray, 3 Paige, 483, 501; Hill on Tr. 426 ; Nicholas…
1Opinion of the CourtBakewell, J.
Pending a proceeding for divorce by Nancy Dausman against respondent, the parties to the suit entered into a written agreement, through the intervention of a trustee for the wife, whereby it was agreed that the husband would never claim any of the personal property then in the possession of the wife, or which she might afterwards acquire ; and that he would convey to her certain parcels of real estate in trust for her during her natural life, out of the *167rents of which she was to support her daughter by the marriage. The husband was to pay off an encumbrance of $15,000 on the real estate…
2Cases cited3 opinions
- Muckenburg v. HollerIndiana Supreme Court · 1867
- Daggett v. DaggettNew York Court of Chancery · 1835
- Belden v. MungerSupreme Court of Minnesota · 1861
3Cited by24 opinions
- Loveren v. LoverenCalifornia Supreme Court · 1895
- Wallace v. WallaceSupreme Court of New Hampshire · 1907
- Maisch v. MaischSupreme Court of Connecticut · 1913
- Rhinehart v. RhinehartWyoming Supreme Court · 1938
- Stokes v. AndersonIndiana Supreme Court · 1889
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