Pierce v. . Pierce
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, modifying a decree of the surrogate of Delaware county, made upon the final accounting of respondent as administratrix of the estate of Nathan Pierce, deceased. (Reported below, 9 Hun, 50.) Before the marriage of respondent and said Nathan Pierce, they executed an ante-nuptial agreement; and the only ques-. tions upon this appeal were in reference thereto.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, modifying a decree of the surrogate of Delaware county, made upon the final accounting of respondent as administratrix of the estate of Nathan Pierce, deceased. (Reported below, 9 Hun, 50.) Before the marriage of respondent and said Nathan Pierce, they executed an ante-nuptial agreement; and the only ques-. tions upon this appeal were in reference thereto. By the ante-nuptial agreement, Pierce agreed to pay or cause to be paid to his intended wife, if she survived him, $500 for her sole and…
1Opinion of the CourtMiller, J.
Upon the accounting of Mrs. Pierce, as administratrix of her deceased husband’s estate, before the surrogate, it was held that the ante-nuptial agreement entered into at the time of their marriage was valid and in full force, and for that reason she was not entitled to a share, as his widow, in the distribution of his estate, and was only allowed the amount named in said agreement. The agreement referred to purported to have been entered into in contemplation of marriage, and for the purpose of making provision for a fit and proper settlement by the deceased, for the benefit of his intended…
2Cases cited2 opinions
- Sears v. . ShaferNew York Court of Appeals · 1852
- Botsford v. McLeanNew York Supreme Court · 1866
3Cited by73 opinions
- Elgar v. ElgarSupreme Court of Connecticut · 1996
- McNutt v. McNuttIndiana Supreme Court · 1888
- Hafer v. HaferSupreme Court of Kansas · 1885
- Daniels v. BenedictCourt of Appeals for the Eighth Circuit · 1899
- In Re the Estate of PhillipsNew York Court of Appeals · 1944
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