Andrews v. Andrews
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery, brought by the heirs and devisees of Daniel Andrews, deceased, against his widow, Jemima Andrews, for a release or an extinguishment of her right of dower in the estate of her late husband. On the 2nd of December, 1823, Daniel Andrews, then seventy-four years of age, entered into a contract of marriage with Jemima Copps, the present defendant, who was then seventy-three years of age.
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IN ERROR. This was a bill in chancery, brought by the heirs and devisees of Daniel Andrews, deceased, against his widow, Jemima Andrews, for a release or an extinguishment of her right of dower in the estate of her late husband. On the 2nd of December, 1823, Daniel Andrews, then seventy-four years of age, entered into a contract of marriage with Jemima Copps, the present defendant, who was then seventy-three years of age. Each of the contracting parties, at that time, owned and possessed a large estate, real and personal; and being desirous of securing the property of each party to the…
1Opinion of the CourtBissell, J.
It is readily conceded, that the agreement entered into between the parties, before the marriage, and ancilliary thereto, does not constitute a legal bar of dower. The provision made for the wife, has none of the requisites of a legal jointure. Is it a bar, in equity; and will a court of chancery lend its aid to carry the agreement into effect? The only objection, which has been urged, and on which the court below dismissed the bill, is the inadequacy of the provision for the support of the intended wife. That the agreement was not founded upon a sufficient consideration, cannot be contended.…
2Cited by21 opinions
- McNutt v. McNuttIndiana Supreme Court · 1888
- Hafer v. HaferSupreme Court of Kansas · 1885
- Hewitt's Appeal from ProbateSupreme Court of Connecticut · 1885
- Pence v. ColeSupreme Court of Oklahoma · 1922
- Bibelhausen v. BibelhausenWisconsin Supreme Court · 1915
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