Maurer v. Naill
Court of Appeals of Maryland
Appeal from the Orphans Court of Baltimore city. By an ante-nuptial settlement between the appellant and the testator of the appellees, the former agreed that neither she nor her representatives, either before or after the death of the latter, would “in any way” claim “bis property, real or personal,” in consideration of a similar relinquishment of claim by him and his representatives to her property.
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Appeal from the Orphans Court of Baltimore city. By an ante-nuptial settlement between the appellant and the testator of the appellees, the former agreed that neither she nor her representatives, either before or after the death of the latter, would “in any way” claim “bis property, real or personal,” in consideration of a similar relinquishment of claim by him and his representatives to her property. After the death of the latter, his will, which was signed and scaled by him, but not attested by witnesses, though the attestation clause was duly inserted, was, upon proof of his signature…
1Opinion of the CourtTuck, J.
This case must be disposed of upon the construction of the ante-nuptial agreement between the appellant and her husband. If she has relinquished her rights to his estate in virtue of the marriage, she has no claim to the administration of his estate, nor to object to the validity of the probate of his will. Something was said at the bar as to the inadequacy of the consideration of that agreement, reference being had to the extent and value of the husband’s property before the marriage. But with such questions we have nothing to do on the present record, so long as the agreement remains in…
2Cases cited1 opinion
- Ward v. ThompsonCourt of Appeals of Maryland · 1833
3Cited by12 opinions
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- Friese's EstateSupreme Court of Pennsylvania · 1934
- Edelen v. EdelenCourt of Appeals of Maryland · 1857
- Union Railway Co. v. HuntonTennessee Supreme Court · 1905
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