Price's Appeal

Citations

• 2 Monag. 554
• 1889 Pa. LEXIS 1370

Syllabus

<p>A parol post-nuptial agreement, by which the wife agrees to receive a cash payment in full of all claims and demands against her husband, is valid, as to personalty, and will be enforced against the surviving wife.</p> <p>Misrepresentations, as to the amount of the husband’s estate, in an answer made by the husband in divorce proceedings by the wife, will not operate as a fraud sufficient to avoid the agreement, where the wife was aware the representations were false before she accepted the money: Per Dreher, P. J.</p> <p>The receipt of the money, in such a case as this, would operate as a ratification of the contract, although entered into by her counsel in the divorce proceedings : Per Dreher, P. J.</p> <p>The widow’s exemption, under the Act of April 14, 1851, will not be allowed in such case, where the wife separated from her husband and lived apart from him until the time of his death.</p>