Jenkins v. Holt
Massachusetts Supreme Judicial Court
Bill in equity, filed in August 1871 by the administrator of the estate of Joseph E. Holt, late of North Reading, (who died in February of that year,) to compel the widow of his intestate to accept his payment to her of $5000 in specific performance of an ante-nuptial contract between her and the deceased, (dated June 14,1861, and not recorded till after his death,) wherein, in consideration of covenants of the deceased, securing that sum to her after his death, and…
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Bill in equity, filed in August 1871 by the administrator of the estate of Joseph E. Holt, late of North Reading, (who died in February of that year,) to compel the widow of his intestate to accept his payment to her of $5000 in specific performance of an ante-nuptial contract between her and the deceased, (dated June 14,1861, and not recorded till after his death,) wherein, in consideration of covenants of the deceased, securing that sum to her after his death, and releasing all claim to any share in her property, she covenanted to accept it in lieu of dower and any distributive share in his…
1Opinion of the CourtColt, J.
This bill in equity is brought to enforce the specific performance of a marriage contract, by which the defendant covenanted not to claim dower or any distributive share of her intended husband’s estate, in consideration of his covenants securing to her a certain sum after his decease and giving up his claim to any part of her estate as tenant by the curtesy or otherwise.
The validity of such a contract, and the power of a court of •quity to enforce its specific performance, has been fully recognized by this court. Tarbell v. Tarbell, 10 Allen, 278. Sullings v. Richmond, 5 Allen, 187. Miller…
2Cases cited2 opinions
- Hastings v. DickinsonMassachusetts Supreme Judicial Court · 1810
- Bigelow v. HubbardMassachusetts Supreme Judicial Court · 1867
3Cited by16 opinions
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- Rieger v. SchaibleNebraska Supreme Court · 1908
- Polson v. StewartMassachusetts Supreme Judicial Court · 1897
- Bibelhausen v. BibelhausenWisconsin Supreme Court · 1915
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