Legal Opinion

Gentry v. McReynolds

Supreme Court of Missouri

Decided October 15, 1849PublishedCited by 1 opinion

ERROR TO MARION CIRCUIT COURT, 1st. Husband and wife are one m laws, and all compacts and agreements between them during coverture, are void at law. So of the agreement of Henry in this case, to permit his wife to make profit of his industry and the products of the farm. IstBlackstone’s Com. 442, 2d ib. 433; Co Sitt. 112 a, 187 b. 2d.

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ERROR TO MARION CIRCUIT COURT, 1st. Husband and wife are one m laws, and all compacts and agreements between them during coverture, are void at law. So of the agreement of Henry in this case, to permit his wife to make profit of his industry and the products of the farm. IstBlackstone’s Com. 442, 2d ib. 433; Co Sitt. 112 a, 187 b. 2d. Whatever may be the rights of the wife in equity to her earnings during coverture, they are at law the absolute property of the husband, and on his death pass to his administrator. 2d Bacon’s abiidgement, p. 27, and 8/ title “Baron & Feme.’’ D.; 3rd Bacon’s…

1Opinion of the Court

Judge Napton

delivered the- opinion of the court.

This was an action of assumpsit broughtby the administrator of William Henry, deceased, against his widow, and upon her death revived* against her administrator.

*535It seems that Mrs. Henry, during the life time of her husband, had been permitted by him to dispose of the poultry, eggs, garden vegetables, &e., and retain the proceeds for her separate use. At the time of the death of Mrs. Henry, the money arising from this source amounted, according to some witness, to three, and according to others, to eight hundred dollars. The estate was a large…

2Cited by1 opinion

  1. Welch v. WelchSupreme Court of Missouri · 1876

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