Ficklin's Adm'r v. Rixey

Citations

• 89 Va. 832
• 17 S.E. 325
• 1893 Va. LEXIS 109

Syllabus

<p>1. Dower—Lien.—Wife’s right of dower, whether inchoate or consummate, is an existing lien, and a covenant against incumbrances is broken by its existence. This lien is inferior to all which attached prior to the marriage, but superior to those acquired after marriage without her consent.</p> <p>2. Post-Nuptial Settlements for Value.—Such settlements on a wife for value are valid in equity, though void at common law; and relinquishment of her right of dower is a good consideration to the extent of its value as against the husband’s creditors.</p> <p>3. Idem—Case at bar.—In the case here, as the value of the dower relinquished exceeded that of the land settled on the wife, she and her heirs at law after her death were entitled to the land free from all liability for her husband’s debts.</p>