In re the Tax Appraisal Upon the Estate of Baker
New York Surrogate's Court
The decedent died intestate July 25, 1901. On November 24, 1899, the decedent made an anti-nuptial agreement with. Dora Johnston. It was in writing, and, after reciting their contemplated marriage, and that the party of the first part was desirous of making provision for a fit and proper settlement for the use and benefit of his said intended wife, provided, among other things: “ Third.
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The decedent died intestate July 25, 1901. On November 24, 1899, the decedent made an anti-nuptial agreement with. Dora Johnston. It was in writing, and, after reciting their contemplated marriage, and that the party of the first part was desirous of making provision for a fit and proper settlement for the use and benefit of his said intended wife, provided, among other things: “ Third. In case said party of the second part shall survive the said party of the first part, he hereby agrees to make provision by Ms last will and testament or otherwise that she shall have and receive out of his…
1Opinion of the Court
Benton, S.
The agreement between Dora. H. Johnston and Henry B. Baker made in contemplation of marriage between them was a contract founded upon an ample consideration for the promise of the deceased. Peck v. Vandemark, 99 N. Y. 29, 35. The agreement is not a grant conveying a present interest in property. Johnston v. Spicer, 107 N. Y. 185, 195. Nor is it testamentary in its character. A suit will lie upon its breach for damages. See cases above cited. Vogel v. Vogel, 22 Mo. 161. It is a debt within the meaning of the usual clause in a will directing payment of debts, and the executor may pay…
2Cases cited5 opinions
- Johnston v. . SpicerNew York Court of Appeals · 1887
- Hegeman v. . MoonNew York Court of Appeals · 1892
- Peck v. . VandemarkNew York Court of Appeals · 1885
- Warner v. WarnerNew York City Court · 1886
- Vogel v. Vogel's AdministratorSupreme Court of Missouri · 1855
3Cited by3 opinions
- In Re Krueger's EstateWashington Supreme Court · 1941
- Will of Koeffler v. KoefflerWisconsin Supreme Court · 1935
- Jenner v. GostinaWashington Supreme Court · 1941