Chandler v. Hollingsworth

Citations

• 3 Del. Ch. 99

Syllabus

<p>A court of equity will protect a husband against a voluntary conveyance or settlement,by his intended/wife,of all her estate, to the exclusion of the husband, made pending an engagement of marriage, without his knowledge, even in the absence of express misrepresentation or deceit, and whether the husband knew of the existence of the property or not.</p> <p>The wife’s right of dower will be protected agaiust the voluntary conveyance of the husband made,pending a marriage engagement,under the same circumstances in which the husband is relieved against an ante-nuptial settlement by the wife.</p> <p>Such a conveyance is not wholly void, so as to admit the wife to a share of the personal estate of the husband dying intestate or a child of the marriage to take the real estate as heir at law or the personal estate as distributee. The conveyance is valid to pass a title subject to the right of the wife in equity to her dower. Distinction in this .respect between a conveyance fraudulent in fact and one constructively fraudulent.</p>