· 3/30/1979
Rosenberg v. Lipnick
Citations
- 389 N.E.2d 385
- 377 Mass. 666
- 1979 Mass. LEXIS 1097
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- abandoning the rule of Wellington v. Rugg, 243 Mass. 30 [1922], that common law fraud must be proved in order to invalidate an antenuptial contract
- “The right to make antenuptial agree ments settling property rights in advance of marriage is a valuable personal right which courts should not regulate destructively”
- “the reasonableness of any monetary provision in an antenuptial contract cannot ultimately be judged in isolation”
- “Thus, in future cases involving agreements drawn after the publication date of this opinion, we shall feel free to [apply the new rule]”
- in determining whether to invalidate antenuptial agreement for fraud, citing Goodwin as persuasive authority in support of proposition that duty to disclose may result from relationship of parties
- parties to an antenuptial agreement stand in a confidential relationship and “[fjull and fair disclosure of each party’s financial circumstances is a significant aspect of [their] obligation to deal with each other ‘fairly and under standingly ’ ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Quirico, Braucher, Wilkins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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