Marks v. Spencer

Citations

• 81 Va. 751
• 1886 Va. LEXIS 138

Syllabus

<p>1. Post-Nuptial Settlement—Husband—Witness. — Though wife be dead, husband is not competent to prove what was the consideration of a post-nuptial settlement on her.</p> <p>2. Idem—Evidence—Recitals.—The consideration of post-nuptial settlement may be proved by parol. Recital in deed that consideration was paid by husband does not necessarily import that it was paid out of his funds, but only that it was paid per his hands.</p> <p>3. Case at Bar.—The evidence here establishes that the settlement was upon consideration moving from wife’s father, though deed recites “it was paid by husband,” and the settlement is upheld.</p>