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Strayer v. Long

Citations

  • 86 Va. 557
  • 10 S.E. 574
  • 1890 Va. LEXIS 12

Syllabus

<p>1. Postnuptial Settlements—Consideration—Dower—Fraud—Creditors—Recordation.—Relinquishment of dower, to the extent of its value, is sufficient consideration for the postnuptial settlement as against husband’s'existing creditors; and where made before the relinquishment; no distinct proof of a previous agreement is required. Though made fraudulently as to her husband’s creditors, the fraud will not be imputed to her. But it must be duly recorded, else it is void as to husband’s creditors, without notice, whose claims accrued after its execution and before its admission to record.</p> <p>2. Idem—Present value of dower.—The rule for computing present value of wife’s contingent right of dower is to ascertain the wife’s expectation of life and that of the joint lives of husband and wife, and from the present value of an annuity, payable during wife’s life, deduct the present value of an annuity payable during their joint lives.</p>

Judges: Lacy

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