Cutter v. Butler
Superior Court of New Hampshire
Trover. The plaintiff proved that the articles in question were the property of his wife, Hannah A. Cutter, at the time of his intermarriage with her; that she afterwards died, and the property came into the defendant’s possession ; and upon a demand for it, on the 4th day of June, 1850, he refused to deliver it to the plaintiff.
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Trover. The plaintiff proved that the articles in question were the property of his wife, Hannah A. Cutter, at the time of his intermarriage with her; that she afterwards died, and the property came into the defendant’s possession ; and upon a demand for it, on the 4th day of June, 1850, he refused to deliver it to the plaintiff. The defendant offered to prove that before said marriage the plaintiff verbally assented that said Hannah should have her own property to her own use and disposal, and after the marriage talked with her about making a disposition of her property, and went with her to…
1Opinion of the CourtBell, J.
At common law, a will made by a married woman, disposing of her freehold estates, was entirely void. Shep. Touch. 402; 2 Bla. Com. 497; 2 Kent Com. 170 ; 4 Kent Com. 505; 3 Com. Dig. 15, Devise H. 3; Lov. Wills 96; Pow. Dev. 97; Burns’ Ec. Law 49; Marston v. Norton, 5 N. H. Rep. 205; Osgood v. Breed, 12 Mass. Rep. 225; West v. West, 10 S. & R. 445; Fitch v. Brainerd, 2 Day. 163; Bradish v. Gibbs, 3 Johns. Ca. 523; Picquet v. Swan, 4 Mason 443.
Where her lands were placed in the hands of trustees, subject to be disposed of by will, a married woman might devise them by an instrument in the…
2Cases cited9 opinions
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
- Osgood v. BreedMassachusetts Supreme Judicial Court · 1815
- Parsons v. ParsonsSuperior Court of New Hampshire · 1838
- Whitaker v. WhitakerNew York Supreme Court · 1810
- Bryant v. AllenSuperior Court of New Hampshire · 1833
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