Appeal of Neely

Citations

• 124 Pa. 406
• 16 A. 883
• 1889 Pa. LEXIS 1046

Syllabus

<p>1. In the absence of a disclosure by the intended busband at the time an ante-nuptial contract is executed, of the full extent of his estate, if the provision for the future wife be unreasonably disproportionate thereto, it raises the presumption of a designed concealment and throws the burden upon him to show that it is fair.</p> <p>2. But, in the present case, considering- the relationship of the parties, their ages, the known estates owned by each, the uncle and two brothers of the intended wife present at the execution of the contract, one of the latter being made trustee therein,' with the benefits conferred upon the wife in the will of her husband, the provision for the intended wife, though not liberal, was adequate, and there was no evidence of either actual or constructive fraud sufficient to avoid the contract.'</p> <p>3. Whether, in a proceeding by the wife, instituted after her husband’s death to set aside an ante-nuptial settlement, the trustee named in the contract and executing the same with the parties, is a competent witness for the wife, not decided.</p> <p>4. Kline v. Kline, 57 Pa. 120 ; Shea’s App., 121 Pa. 302; Ludwig’s App., 101 Pa, 535 ; Smith’s App., 1J5 Pa. 319, considered.</p>