Steen v. Kirkpatrick

Citations

• 84 Miss. 63

Syllabus

<p>1. Witnesses. Estates of decedents. Evidence. ' Code 1892, \\ 1740. Inheritance.</p> <p>Tbe testimony of the beirs of the husband to a contract between bim and bis wife, made shortly before and in contemplation of their marriage, to tbe effect that tbe surviving husband or wife should take only a life estate in the property of tbe other, is not incompetent against the estate of the wife under Code 1892, § 1740, providing that no one shall testify to establish bis own claim against tbe estate of a decedent which originated in tbe lifetime of tbe deceased, since in such case the question is one of inheritance and not a claim which originated in tbe lifetime of tbe wife.</p> <p>3. Statute oe Frauds. Code 1892, $ 4225, par. b. Consideration of marriage. Contemplation of marriage.</p> <p>An agreement, made in contemplation of marriage after tbe contract to marry has become binding, is not an agreement in consideration of marriage within the meaning of the statute of frauds (Code 1892, § 4225, par. b), providing that an action shall not be brought whereby to charge a defendant upon any oral agreement made upon consideration of marriage.</p> <p>3. Same. Code 1892, l 4225, par. c. Sale of lands.</p> <p>A prenuptial parol contract as to the rights of the parties about to be married in the real estate of each other is not enforcible, under Code 1892, § 4225, par. c, providing that an action shall not be brought whereby to charge a (Defendant upon any oral contract for the sale of lands or the malting of any lease thereof for a longer term than one year.</p> <p>4. Same. Code 1892, § 4225, pa/r. d. Agreement not to be performed within one year.</p> <p>A contract which may or may not be performed in one year is not within the statute of frauds (Code 1892, § 4225, par. d), providing that an action shall not be brought whereby to charge a defendant upon any oral agreemnt which is not to be performed within the space of one year from the making thereof.</p>