Carter v. Carter
Supreme Court of Vermont
Petition eor Divorce. Heard at the June Term, 1903, Eamoille County, Haselton, J., presiding. Divorce and permanent alimony granted. The petitionee excepted. The opinion states the facts. This contract does not bar alimony.
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Petition eor Divorce. Heard at the June Term, 1903, Eamoille County, Haselton, J., presiding. Divorce and permanent alimony granted. The petitionee excepted. The opinion states the facts. This contract does not bar alimony. Logan v. Logan, 2 33. Mon. 149; 2 Bishop on Marr. & Div. § 369, n; Stearns v. Stearns, 66 Vt. 187. If this agreement was made to bar alimony it is against public policy. 1 Bishop on Marr. & Div. § 635; note to Clark v. Posdick, 6 L. R. A. 132. Petitioner is barred from claiming alimony by the contract. Chaffee v. Chaffee, 70 Vt. 231.
1Opinion of the CourtStart, J.
This is a petition for a divorce, with a prayer for alimony. The petitionee, in bar of the petitioner’s claim for alimony, offered to prove, that, prior to the marriage of ■•the parties, they entered into’ an antenuptial contract of the following tenor: “For value received, I promise to pay to the order of Ellen R. Wilson three thousand dollars on demand with interest; said note is in consideration of a marxiage this day to be solemnized and is in full payment for all sums said Ellen R. Wilson or her heirs or assigns will ever claim against me or my estate in law or in equity; said sum to be…
2Cases cited1 opinion
- Stearns v. StearnsSupreme Court of Vermont · 1893
3Cited by1 opinion
- Milligan v. MilliganSupreme Court of Vermont · 1992