Polson v. Stewart
Massachusetts Supreme Judicial Court
Bill in equity, filed June 6, 1895, to enforce specific performance of a covenant executed by the defendant to his wife, Kitty T. P. Stewart, who died on December 26, 1893, intestate, and of whose estate the plaintiff, who was her brother, was appointed administrator, he having also acquired the rights of the other heirs in her estate.
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Bill in equity, filed June 6, 1895, to enforce specific performance of a covenant executed by the defendant to his wife, Kitty T. P. Stewart, who died on December 26, 1893, intestate, and of whose estate the plaintiff, who was her brother, was appointed administrator, he having also acquired the rights of the other heirs in her estate. The bill alleged, in substance, that the plaintiff’s intestate, at the time of her death, and for more than two years previously, owned certain lands in this Commonwealth; that she was married to the defendant on or about January 25, 1892; that during the…
1Opinion of the CourtHolmes, J.
This is a bill to enforce a covenant made by the defendant to his wife, the plaintiff’s intestate, in North Carolina, to surrender all his marital rights in certain land of hers. The land is in Massachusetts. The parties to the covenant were domiciled in North Carolina. According to the bill, the wife took steps which under the North Carolina statutes *214gave her the right to contract as a feme sole with her husband as well as with others, and afterwards released her dower in the defendant’s lands. In consideration of this release, and to induce his wife to forbear suing for divorce, for which…
2Cases cited27 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Jones v. CliftonSupreme Court of the United States · 1880
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
22 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Mallory Associates, Inc. v. Barving Realty Co.New York Court of Appeals · 1949
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- In Re BarnettCourt of Appeals for the Second Circuit · 1926
- Johnson v. AllenUtah Supreme Court · 1945
- Richards v. RichardsMassachusetts Supreme Judicial Court · 1930
27 more not listed; retrieve them via the Exa API.