Brooks v. . Austin
Supreme Court of North Carolina
Special pboceemNGS for partition, heard by Shipp, Judge, at Fall Term, 1885, of UNION Superior Court. (The same case is reported in 94 N. C., 222.) This was a petition for partition of land among the tenants in common and heirs at law of B. D. Austin, commenced before the Clerk of the Superior Court. Catharine Helms, one of the defendants, was the widow of’ B. D. Austin, and is now the wife of A. M. Helms.
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Special pboceemNGS for partition, heard by Shipp, Judge, at Fall Term, 1885, of UNION Superior Court. (The same case is reported in 94 N. C., 222.) This was a petition for partition of land among the tenants in common and heirs at law of B. D. Austin, commenced before the Clerk of the Superior Court. Catharine Helms, one of the defendants, was the widow of’ B. D. Austin, and is now the wife of A. M. Helms. Said Catharine and B. D. Austin entered into an antenuptial contract in October, 1883, whereby it was agreed that she should become entitled to a child’s part of his estate. The petitioners…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). We find no just grounds of exception to the validity and efficac}^ of the-agreement as to the estate and interest which the feme shall have in her husband’s property after their contemplated marriage and his death. The contract relates to his property, leaving her, under the general law, to retain all her own. The marriage is the essential consideration of the agreement to be content with the share which would fall to a child, in the event of his intestacy.
The contract does not enable him to cut her off by executing a will which disposes of the estate…
2Cases cited1 opinion
- Simpson v. . WallaceSupreme Court of North Carolina · 1880
3Cited by5 opinions
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