Le Breton v. Miles
New York Court of Chancery
This case came before the court upon the petition of Sophia, the wife of Abel Robert, one of' the defendants, claiming her share of the estate of her father, which was in controversy in this suit, as her separate estate free from the control of her husband, under an ante-nuptial agreement between them.
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This case came before the court upon the petition of Sophia, the wife of Abel Robert, one of' the defendants, claiming her share of the estate of her father, which was in controversy in this suit, as her separate estate free from the control of her husband, under an ante-nuptial agreement between them. The petitioner and her husband were both natives of France, but intermarried at the city of N. York, in November, 1823 ; having previous to the marriage executed a written contract in the French language relative to their future interests in the property which each then had or which should be…
1Opinion of the Court
The Chancellor.
I have very little doubt that both the petitioner and her husband are acting in good faith in this case ; both intending to carry the ante-nuptial contract into full effect, but each believing that his or her construction thereoi is correct, according to the French law, in reference to which law the contract was undoubtedly made. I have, therefore, bestowed much labor upon the examination of the case, for the purpose of arriving at a correct conclusion; and to save the parties the expense of sending a commission to France to examine witnesses there as to the French law which is…
2Cited by11 opinions
- In Re the Transfer Tax Upon the Estate of MajotNew York Court of Appeals · 1910
- Richardson v. De GivervilleSupreme Court of Missouri · 1891
- Long v. HessIllinois Supreme Court · 1895
- Fuss v. FussWisconsin Supreme Court · 1869
- Besse v. PellochouxIllinois Supreme Court · 1874
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