Estate of Patton

Citations

• 1 Myrick 241

Syllabus

<p>Marriage contract.—Acknowledgment, an essential to its execution.</p> <p>Distribution__Probate Court has a right to consider a properly executed marriage contract in determining manner of distributing estate.</p> <p>Contract affecting final disposition of property as between husband and WIFE, LAWFUL.</p> <p>A contract signed before marriage, but not acknowledged until eight years after. Held, to be a nullity (Hittell, General Laws, I, 3576.)</p> <p>Husband and wife.—Separate property.</p> <p>Beal estate (with its increased value caused by locality and surroundings), which was property of either party before marriage, is separate estate, notwithstanding the fact that community moneys have been expended thereon; but such expenditures may, in a proper case, be a claim chargeable upon such separate estate.</p> <p>Expenses of administration when of a general nature should be assessed pro rata upon the community and separate estate of decedent. Expenses attaching specifically to particular pieces of estate should be chargeable against such estate.</p> <p>Marshalling of assets for the payment of debts and legacies.</p> <p>Construing sections, C. C„ 158-9, 162-3, 178-9; C. C. P., 624, 645, 1665.</p>