Stearns v. Stearns
Supreme Court of Vermont
Petition for divorce by the wife upon the ground of wilful refusal to support. Heard at the December term, 1892, Windsor county, Thompson, J., presiding. The petitioner was granted a divorce and one thousand dollars permanent alimony. To the allowance of alimony the petitionee excepted for that, in view of the ante-nuptial contract, it could not be given as matter of law. The question decided appears from the opinion.
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Petition for divorce by the wife upon the ground of wilful refusal to support. Heard at the December term, 1892, Windsor county, Thompson, J., presiding. The petitioner was granted a divorce and one thousand dollars permanent alimony. To the allowance of alimony the petitionee excepted for that, in view of the ante-nuptial contract, it could not be given as matter of law. The question decided appears from the opinion. The husband was under legal obligation to support the petitioner and alimony is given as damages for that neglect. 2 Kent Com. 133 (9th Ed.) ; Farnsworth v. Farnsworthy 58 Vt.…
1Opinion of the CourtRoss, C. J.
In the ante-nuptial contract the petitioner, in consideration of the marriage and of the covenant of the petitionee that he would forego and relinquish all rights to any property which she then had, or might acquire during the marriage, also covenanted to relinquish all rights to the property which he then had, or might acquire, and that she should be forever barred and estopped from having or claiming to have any right, title or interest therein. The contract was made binding upon their respective heirs and legal representatives. It was declared to be the essence of the contract that, at the…
2Cases cited4 opinions
- Andrew v. AndrewSupreme Court of Vermont · 1889
- Foster v. FosterSupreme Court of Vermont · 1884
- Logan v. LoganCourt of Appeals of Kentucky · 1841
- Noyes v. HubbardSupreme Court of Vermont · 1892
3Cited by5 opinions
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- Kennedy v. KennedyOhio Court of Appeals · 1919
- Carter v. CarterSupreme Court of Vermont · 1904
- Emerson v. EmersonBaltimore City Circuit Court · 1912
- State Ex Rel. Towne v. District CourtMontana Supreme Court · 1942