Matter of Estate of Young v. . Hicks
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 8, 1882, setting aside a decree of the surrogate of Dutchess county, which directed the executors of the estate of David Young, deceased, to set apart, for the use of his widow, the articles specified in the statute (2 R. S. 83, § 9). (Reported below, 27 Hun, 54.) The executors refused to set aside any property of the estate because of an…
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 8, 1882, setting aside a decree of the surrogate of Dutchess county, which directed the executors of the estate of David Young, deceased, to set apart, for the use of his widow, the articles specified in the statute (2 R. S. 83, § 9). (Reported below, 27 Hun, 54.) The executors refused to set aside any property of the estate because of an ante-nuptial agreement, the body of which is as follows: “ Whereas, a marriage is about to be had and solemnized between the said…
1Opinion of the CourtDanforth, J.
The parties intended by an ante-nuptial con-' tract to avoid the effect of marriage upon their property relations, and this contract, however invalid at common law, remained in full force after marriage. (Laws of 1849, chap. 375, § 3.) Its purpose is very plain. There is first a promise that the woman shall retain as her own such property as she has when married, or which she might acquire or become entitled to after marriage, with full power of disposition. As to all that, she was to remain, as it were, a single woman. If ext she agrees, if after marriage the man dies first, to accept the…
2Cited by23 opinions
- Johnston v. . SpicerNew York Court of Appeals · 1887
- McNutt v. McNuttIndiana Supreme Court · 1888
- In Re the Estate of BurridgeNew York Court of Appeals · 1933
- In re the Estate of NoahCalifornia Supreme Court · 1887
- Pence v. ColeSupreme Court of Oklahoma · 1922
18 more not listed; retrieve them via the Exa API.