Gould v. Womack
Supreme Court of Alabama
Error to the Chancery Court at Eutaw. This was a bill in Chancery, filed in the Chancery Court at Eutaw, by the plaintiffs in error, against the defendants.
Read the full summary
Error to the Chancery Court at Eutaw. This was a bill in Chancery, filed in the Chancery Court at Eutaw, by the plaintiffs in error, against the defendants. The object of the bill was to prevent Mrs. Womack from asserting her right, at law, to dower, in the real estate, and to a distributive share of the personal property of George Hayes, her late husband, on the ground, that previous to the marriage, the parties had entered into a marriage contract, by which the intended wife relinquished all her right to dower in the real or personal estate of her intended husband, except what he might…
1Opinion of the CourtOrmond, J.
— It is contended by the learned counsel for the defendants in error, that the ante-nuptial agreement itself, shows, that it was not contemplated, by the parties to it, that it should extinguish the claim to dower, but that its object was to enable the husband to alien his land during the coverture, and bar the right of the wife to dower, in the land thus sold, without her consent and relinquishment as required by the statute.
*87It must be confessed, that the instrument is exceedingly in-artificial, and that some difficulty arises in expounding it. It is styled, “ articles of marriage contract,”…
2Cases cited1 opinion
- M'Cartee v. TellerNew York Court of Chancery · 1830
3Cited by28 opinions
- McNutt v. McNuttIndiana Supreme Court · 1888
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- McMillan, Ltd. v. WARRIOR DRILLING & ENG.Supreme Court of Alabama · 1987
- Goodlett v. HansellSupreme Court of Alabama · 1880
- Martin's Heirs v. MartinSupreme Court of Alabama · 1853
23 more not listed; retrieve them via the Exa API.