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131 Mass. 533

Williams v. Williams

Massachusetts Supreme Judicial Court

Decided November 25, 1881

Massachusetts Supreme Judicial Court · decided 1881-11-25

Contract against the executor of the will of Marshall Williams, for the services of the plaintiff’s wife and minor children from November 21, 1873, to June 27, 1876, the date of the writ.

Cited by 1 later decisions — most recently December 1882

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1881-11-25

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Gray, C. J.

¶1The provision of the St. of 1874, c. 184, § 1, that all work and labor performed by a married woman for others than her husband and children “ shall, unless there is an express agreement on her part to the contrary, be presumed to be on her separate account,” declares a conclusive presumption of law, which was rightly held to defeat the husband’s claim for such services performed by the wife after the statute took effect, in the absence of all evidence of an express agreement under which he had previously acquired any rights, or which would bring the case within the exception of the statute.

¶2Exceptions overruled.

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