Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 116 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...the State of Maine or of any other State of the United States or of any foreign country. And she further agrees to sign all papers and perform all acts necessary to carry this contract and agreement into execution. The said sum of Five Thousand Dollars as above shall be paid to her as soon after the decease of the said Silas H. McAlpine as can be done without unreasonable sacrifice of property in raising that amount of money. In witness whereof the parties have hereunto set their hands and seals this sixth day of January, A. D. 1900. (Signed) Alice C. Moore, (Seal) (Signed) Silas H. McAlpine. (Seal) State of Maine, SS Cumberland, ' Personally appeared the parties to the above agreement and acknowledged that the same is their free act and deed before me this sixth day of January, A. D. 1900. (Signed) GEORGE W. VERRILL, Justice of the Peace. Held: 1. This agreement was not a statutory marriage settlement, not being executed in the presence of two witnesses according to statute. 2. That the provision of R. S., 1903, Chap. 63, Sec. 6, (R. S., 1916, Chap. 66, (Sec. 8) is not an exclusive statute, and that before marriage a husband and wife may enter into an antenuptial agreement that will be binding in equity upon the parties. 3. That ante-nuptial contracts between persons contemplating marriage, settling prospective rights of the husband and wife in each other's property when the marriage is terminated by death are valid contracts, independent of the statutes, and are enforcible in the courts of equity. Bill in equity asking for specific performance and also praying for an injunction. The cause was heard before single Justice upon bill, demurrer and answer, and sent to Law Court upon report. Bill sustained with costs. Decree in...