Legal Opinion

Busey v. McCurley

Court of Appeals of Maryland

Decided February 29, 1884PublishedCited by 15 opinions

'Appeals from the Circuit Court of Baltimore City. These are appeals from a decree of the Court below requiring the administrators, &c., of James McCurley, deceased, to pay to the appellee the sum of six thousand dollars as compensation, and in lieu of the dwelling-house which she was to have out of the estate of the said James McCurley, her late husband, by virtue of the covenants and considerations contained in their ante-nuptial marriage contract, proved in the cause ;…

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'Appeals from the Circuit Court of Baltimore City. These are appeals from a decree of the Court below requiring the administrators, &c., of James McCurley, deceased, to pay to the appellee the sum of six thousand dollars as compensation, and in lieu of the dwelling-house which she was to have out of the estate of the said James McCurley, her late husband, by virtue of the covenants and considerations contained in their ante-nuptial marriage contract, proved in the cause ; and requiring the said appellee, upon payment being made, to execute a release to the said administrators, of all claim…

1Opinion of the CourtAlvey, C. J.

James McCurley, a widower with several children, and Susannah S. Stauter, a widow with one child, were married in the spring of the year 1867; and in contemplation of the marriage they entered into a marriage settlement, *443dated the 28th of March, 1861. By this settlement, all the property belonging to Mrs. Stauter was secured to her separate use and control, and exclusive of all marital rights of her intended husband; and in consideration of the marriage, and of the full and complete surrender and relinquishment of all right and claim to dower in the real estate, and of distributive share of…

2Cases cited1 opinion

  1. Rider v. GrayCourt of Appeals of Maryland · 1856

3Cited by15 opinions

  1. Rieger v. SchaibleNebraska Supreme Court · 1908
  2. Charles County Broadcasting Co. v. MearesCourt of Appeals of Maryland · 1973
  3. Ward v. NewboldCourt of Appeals of Maryland · 1911
  4. Cannon v. CannonCourt of Appeals of Maryland · 2005
  5. Smith v. BiddleCourt of Appeals of Maryland · 1947

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