Besse v. Pellochoux

Citations

• 73 Ill. 285

Syllabus

<p>1. Ante-nuptial contract—effect when made in a foreign country. Where there is a marriage between parties in a foreign country, and an express contract concerning their rights and property, present and future, that, as a matter of contract, will be held equally valid everywhere, unless, under the circumstances, it stands prohibited by the laws of the country where it is sought to be enforced. It will act directly on movable property everywhere, but as to immovable property in a foreign territory, it will, at most, only confer a right of action, to be enforced, according to the jurisprudence rei sites.</p> <p>2. Where such an express contract applies, in terms or intent, only to present property, or is to be performed only in the country where made, and there is a change of domicil, the law of actual domicil will govern the rights of the parties as to all future acquisitions.</p> <p>3. Where an ante-nuptial contract was made between parties in Switzerland, in regard to property to be acquired during marriage, and it appeared that the contract contemplated no change of domicil, but was to be performed in the place where made, it was held, that it did not affect real estate acquired in this country by the husband after their emigration.</p>