McMillen v. McCullough

Rowley, P. J.,

Plaintiff brought this suit against the legatees and devisees of her deceased husband. Plaintiff alleges that, previous to their marriage, decedent promised in writing to pay her $1,000 annually, if she would marry him.

Defendants filed an affidavit of defense raising the following questions of law:

1. That the plaintiff’s claim is predicated upon an alleged unilateral executory ante-nuptial agreement, and that under the laws of Pennsylvania the wife has no cause of action at law against her husband, or his legal representative.

2. That if any cause of action exists the claim must…