Watkins v. Watkins
New Jersey Court of Chancery
On bill for partition. Heard on demurrer to cross-bill of defendant Ella Beatrice Watkins. The cross-bill of defendant Ella Beatrice Watkins, which has been filed by her in defence of a bill for partition, sets forth, in substance, that she is the equitable owner of the real estate which the bill seeks to have partitioned, by reason of a parol antenuptial agreement which was made between her and her husband, whereby it was agreed that in consideration of her marrying him he…
Read the full summary
On bill for partition. Heard on demurrer to cross-bill of defendant Ella Beatrice Watkins. The cross-bill of defendant Ella Beatrice Watkins, which has been filed by her in defence of a bill for partition, sets forth, in substance, that she is the equitable owner of the real estate which the bill seeks to have partitioned, by reason of a parol antenuptial agreement which was made between her and her husband, whereby it was agreed that in consideration of her marrying him he would leave his entire estate to her by will at his death; that the real estate described in the bill was owned by her…
1Opinion of the Court
Leaming, V. C.
An antenuptial parol agreement to make a settlement in consideration of marriage cannot be made the foundation of an action by reason of the provisions of our statute of frauds. Nor is marriage alone such a part performance of an antenuptial parol contract as will withdraw the contract from the operation of that statute and thereby render it enforceable in equity. This must be regarded as the settled law of this state, whether rights of creditors are involved or not. Manning v. Riley, 52 N. J. Eq. (7 Dick.) 39; Russel v. Russel, 60 N. J. Eq. (15 Dick.) 282; S. C. on appeal, 63…
2Cited by8 opinions
- Upson v. FitzgeraldTexas Supreme Court · 1937
- Brought v. HowardArizona Supreme Court · 1926
- Alexander v. AlexanderNew Jersey Court of Chancery · 1924
- Gilbert v. GilbertNew Jersey Superior Court Appellate Division · 1961
- Matter of Estate of PetersNew Jersey Superior Court Appellate Division · 1986
3 more not listed; retrieve them via the Exa API.