Paine v. Hollister
Massachusetts Supreme Judicial Court
1Opinion of the CourtHolmes, J.
This is a bill in equity, brought by the executors of Whiting H. Hollister to enjoin his widow from prosecuting a petition to the Probate Court, under the Pub. Sts. c. 135, § 2, for an allowance out of his estate, contrary to the terms of an antenuptial contract between her and him.
We cannot doubt that the contract was intended to exclude every kind of claim on the part of the defendant, as well one for an allowance as one for a distributive share. The preamble recites that the defendant “has agreed to accept of said provision in the place of, and as a substitute for, all the rights, claims,…
2Cases cited2 opinions
- Jenkins v. HoltMassachusetts Supreme Judicial Court · 1872
- Blackinton v. BlackintonMassachusetts Supreme Judicial Court · 1872
3Cited by17 opinions
- Eaton v. EatonMassachusetts Supreme Judicial Court · 1919
- Estate of YoellCalifornia Supreme Court · 1913
- Landers v. WhitneyCalifornia Supreme Court · 1916
- Deller v. DellerWisconsin Supreme Court · 1910
- Welch v. KingMassachusetts Supreme Judicial Court · 1932
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