Graham v. Graham
New York Supreme Court
Appeal from special term, New York county. Action by Theresa C. Graham against John Graham for the cancellation of an antenuptial agreement between the parties. From a judgment dismissing the complaint, plaintiff appeals. In March, 1890, Theresa Cassidy and John Graham became acquainted; in June of the same year, they became engaged; and July 5, 1890, they intermarried, she being a spinster aged 42 years, and he a widower aged 61 years, with children.
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Appeal from special term, New York county. Action by Theresa C. Graham against John Graham for the cancellation of an antenuptial agreement between the parties. From a judgment dismissing the complaint, plaintiff appeals. In March, 1890, Theresa Cassidy and John Graham became acquainted; in June of the same year, they became engaged; and July 5, 1890, they intermarried, she being a spinster aged 42 years, and he a widower aged 61 years, with children. At the time of the marriage the defendant owned real estate worth §100,000, in which the value of the plaintiff’s inchoate right of dower would…
1Opinion of the CourtFollett, J.
Originally the word “jointure” denoted a joint estate, limited to husband and wife for life, or in tail, which was not created for the purpose of barring dower, but because, prior to the statute of 27 Hen. VIII. c. 10, the title to the greater part of the land in England was 'in the hands of trustees for the use of sundry persons; and, as a wife was not dowable of uses, her father or friends, upon the marriage, procured the husband to create a jointure, that there might be a competent provision for the wife after the husband’s death. 1 Cruise, Dig. tit. 7, “Jointure,” § 2; Vernon’s Case, 4…
2Cases cited4 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Pierce v. . PierceNew York Court of Appeals · 1877
- M'Cartee v. TellerNew York Court of Chancery · 1830
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- Deller v. DellerWisconsin Supreme Court · 1910
- Haywood v. HaywoodNew York Supreme Court · 1927
- Schnibbe v. SchnibbeNew York Supreme Court · 1919