Caruth v. Caruth
Supreme Court of Iowa
Appeal from Hamilton District Court.— Hon. W. D. Evans, Judge. Andrew Caruth died November 8, 1901, leaving an estate in Hamilton county consisting wholly of personal property. The plaintiff was married to him September 20, 1885, and separated from him August 5, 1886. Some days later they entered into a contract in which she, in consideration of money paid, promised, among other things, never jto make any claim to any interest in or to the estate of her husband.
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Appeal from Hamilton District Court.— Hon. W. D. Evans, Judge. Andrew Caruth died November 8, 1901, leaving an estate in Hamilton county consisting wholly of personal property. The plaintiff was married to him September 20, 1885, and separated from him August 5, 1886. Some days later they entered into a contract in which she, in consideration of money paid, promised, among other things, never jto make any claim to any interest in or to the estate of her husband. The petition, after reciting the above facts, and referring to deceased as “ late of Hamilton county,” offered to do equity, and…
1Opinion of the CourtLadd, J.
By the laws of Illinois, the separation contract between plaintiff and her deceased husband was valid. Luttrell v. Boggs, 168 Ill. 361 (48 N. E. Rep. 171); Crum v. O’Near, 132 Ill. 443 (24 N. E. Rep. 956). Such agreements were formerly upheld in this state. McKee v. Reynolds, 26 Iowa, 578; Blake v. Blake, 7 Iowa, 46. See Foote v. Nickerson, 70 N. H. 496 (48 Atl. Rep. 1088, 54 L. R. A. 554), for an interesting review of the English and American decisions on the subject; also valuable note to Baum v. Baum, 109 Wis. 47 (85 N. W. Rep. 122, 52 L. R. A. 650, 83 Am. St. Rep. 859). But for the…
2Cases cited18 opinions
- Crum v. SawyerIllinois Supreme Court · 1890
- Blake v. BlakeSupreme Court of Iowa · 1858
- Samson v. SamsonSupreme Court of Iowa · 1885
- Scott's EstateSupreme Court of Pennsylvania · 1892
- Linton v. CrosbySupreme Court of Iowa · 1880
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Klumpert v. VrielandSupreme Court of Iowa · 1909
- In re the Estate of KennedySupreme Court of Iowa · 1912
- Gilbertson v. OliverSupreme Court of Iowa · 1906
- Cook v. Estate of ToddSupreme Court of Iowa · 1958
- Eddy v. ShortSupreme Court of Iowa · 1920
5 more not listed; retrieve them via the Exa API.