Flory v. Houck

Citations

• 186 Pa. 263
• 40 A. 482
• 1898 Pa. LEXIS 995

Syllabus

<p>Statute of frauds — Parol antenuptial agreement — Deed.</p> <p>An antenuptial agreement of which no note in writing is made until after the marriage, while good between the parties, is not binding on creditors or innocent purchasers intervening.</p> <p>Although section I of the statute 29 Car. 2, which requires agreements upon consideration of marriage to be in writing, is not in force in Pennsylvania, yet a deed of settlement of land by a husband upon his wife, which at the time of execution would be void against creditors, cannot be sustained by relation back to an antenuptial agreement in parol.</p> <p>Settlements made in pursuance of a parol antenuptial contract cannot be sustained as the performance of a moral obligation, or on the ground that the solemnization of marriage is such part performance as equity will consider sufficient to take the case out of the statute of frauds.</p>