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2 Ohio Law. Abs. 150

142 N.E 676

McGee v. Sigmund

Ohio Supreme Court

Decided February 19, 1924

Ohio Supreme Court · decided 1924-02-19

The plaintiff in error filed her petition against the defendant in error in the common pleas court of Highland county, averring that on the 15th day of August, 1921, and prior thereto, Anthony Sigmund and Elizabeth Sigmund were husband and wife; that on that date Anthony and Elizabeth Sigmund entered into a written agreement, signed by the parties thereto in presence of witnesses, by the terms of which they agreed upon an immediate separation as husband and wife, which…

Decided 1924-02-19

ROBINSON, J.

¶1Section 7999, General Code, does not confer upon husband or wife any greater power to contract with each other than persons other than husband and wife possess. A husband or a wife is not thereby empowered to contract with the other with reference to a hope or expectancy of inheritance, which is neither vested nor contingent, (Needles v. Needles, 7 OS. 432, approved and followed.)

¶2Judgment affirmed.

Jones, Matthias and Day, JJ., concur. Marshall, C. J., Wanamaker and Allen, JJ., dissent.
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