Loomis v. Loomis
New York Supreme Court
THE plaintiff was the widow of Hezekiah Loomis, deceased. Her maiden name was Amy Palmer. She made an ante-nuptial agreement with the deceased in the words and figures following, viz: “A memorandum of agreement between Hezekiah Loomis, of Oazenovia, and Amy Palmer, of Nelson, both of New York, about to enter upon the marriage covenant, do both agree that in order to do justice and avoid difficulty hereafter, we enter into a joint agreement, and do agree to abide by the…
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THE plaintiff was the widow of Hezekiah Loomis, deceased. Her maiden name was Amy Palmer. She made an ante-nuptial agreement with the deceased in the words and figures following, viz: “A memorandum of agreement between Hezekiah Loomis, of Oazenovia, and Amy Palmer, of Nelson, both of New York, about to enter upon the marriage covenant, do both agree that in order to do justice and avoid difficulty hereafter, we enter into a joint agreement, and do agree to abide by the following -articles as follows, viz: I, the said Hezekiah Loomis, do agree to bind myself, my administrators, executors, to…
1Opinion of the Court
By the Court, Balcom, P. J.
The only material question in this case is whether the defendant, as executor of Hezekiah Loomis, deceased, was bound to provide the plaintiff “a good and sufficient maintenance,” at any place other than in his own house or in that of Orlando Loomis.
The plaintiff was bound by the marital tie to live with her husband wherever he resided during his life; and the ante-nuptial agreement did not require him to support her else*627where. But neither the agreement itself, nor any surrounding circumstances, indicate that the plaintiff was to he maintained at any particular…
2Cases cited3 opinions
- McKillip v. McKillipNew York Supreme Court · 1850
- Converse v. McArthurNew York Supreme Court · 1854
- Hawley v. MortonNew York Supreme Court · 1856
3Cited by5 opinions
- Tucker v. TuckerAppellate Division of the Supreme Court of the State of New York · 1907
- Empie v. EmpieAppellate Division of the Supreme Court of the State of New York · 1898
- Empie v. EmpieAppellate Division of the Supreme Court of the State of New York · 1898
- McArthur v. GordonNew York Court of Appeals · 1891
- Borst v. CrommieNew York Supreme Court · 1879