Freeland v. Freeland
| Decision Date | 03 April 1880 |
| Citation | 128 Mass. 509 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | Mary D. Freeland v. Foster Freeland & others |
Argued October 3, 1879
Worcester. Writ of dower by the widow of Freeman Freeland. The case was submitted to the Superior Court, and, after judgment for the tenants, to this court on appeal, on agreed facts, the material parts of which appear in the opinion.
Judgment affirmed.
W. S B. Hopkins, for the demandant.
H. B Staples, (F. P. Goulding with him,) for the tenants.
OPINION
The tenants contend that the demandant's right to dower was barred by an antenuptial contract between her and Freeman Freeland. That contract was duly executed and recorded, and was made in view of the intended marriage of the parties, and recites and sets forth an agreement that both Then follow, "for the purpose of effecting the intention of said parties," the conveyance of the estate of the demandant to a trustee, on trusts consistent with the agreement set forth; and the covenant of Freeland with the trustee to allow him and the demandant to have the entire control of her estate, and to receive the rents and profits thereof to her separate use, and that he will do no act or thing to prevent the full execution of the trust; and his further covenants that, in case he should survive the demandant, he will allow her separate estate to go and descend to her heirs at law as if she were sole, or if she should make a will, that on her decease the same may be proved and allowed, and her estate be disposed of according thereto, and that his representatives shall pay the demandant, if she survive him, the sum of fifteen hundred dollars within one year after his decease. Then follow the proper covenants on the part of the trustee; and finally the covenant of the demandant that "upon the decease of the said Freeland, she surviving, she will by deed release all interest in his estate, excepting said claim of $ 1500."
This is a valid contract under the Gen. Sts. c. 108, §§ 27, 28, so far as it relates to the interest of either of the parties to the intended marriage in the estate of the other during the coverture. So far as it relates to the rights of the survivor in the estate of the other after the termination of the marriage relation by death, it is valid, independently of the statute. Jenkins v. Holt, 109 Mass. 261.
The demandant contends, however, that her dower is not barred by the contract, because she has never been paid the sum of fifteen hundred dollars...
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Rieger v. Schaible
...37 Ga. 296; Wentworth v. Wentworth, 69 Me. 247; Busey v. McCurley, 61 Md. 436, 48 Am. Rep. 117;Butman v. Porter, 100 Mass. 337;Freeland v. Freeland, 128 Mass. 509;Jenkins v. Holt, 109 Mass. 261;Miller v. Goodwin, 8 Gray (Mass.) 542;Vincent v. Spooner, 2 Cush. (Mass.) 467;Tarbell v. Tarbell,......
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Rieger v. Schaible
... ... Ga. 296; Wentworth v. Wentworth , 69 Me. 247; ... Busey v. McCurley , 61 Md. 436; Butman v ... Porter , 100 Mass. 337; Freeland v. Freeland , ... 128 Mass. 509; Jenkins v. Holt , 109 Mass. 261; ... Miller v. Goodwin , 8 Gray (Mass.) 542; Vincent ... v. Spooner , 2 Cush ... ...
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