Marriage Settlement

An agreement made by the parties in contemplation of marriage, by which the title to certain property is changed, and the property to some extent becomes inalienable. 1 Rice, Eq. (S. C.) 315. See 2 Hill Ch. (S. C.) 3; 8 Leigh (Va.) 29; 1 Dev. & B. Eq. (N. C.) 389; 2 Dev. & B. Eq. (S. C.) 103; 1 Baldw. (U. S.) 344; 15 Mass. 106; 1 Yeates (Pa.) 221; 7 Pet. (U. S.) 348; 4 Bouv. Inst, note 3947. See 2 Washb. Real Prop. Append.

An agreeproperty Is diangedf, and the property to some extent be(X>mes inalienable. See Fadeley V. Weatherby’s Ex’rs, 8 Leigh (Va.) 29; 1 D. & B. Eq. 889; Paine v. Hollister, 139 Mass.. 144, 29 N. E. 641; Magnlac v. Thompson, 7 Pet. (U. S.) 348, 8 L. Ed. 709; In re Pulling’s Estate, 93 Mich. 274, 52 N. W. 1116; Carr v. Lackland, 112 Mo. 442, 20 S. W. 624. See Atherly, Marr. Settl. Such settlements are valid, the marriage being at law a valuable consideration; Sneed V Russell (Tenn.) 42 S. W. 213; White v. White, 20 App. Div. 500, 47 N. Y. Supp. 273; and payments made in pursuance thereof cannot be set aside by creditors; Sneed v. Russell (Tenm) 42 S. W. 213. The property covered passes, on the death of the wife, to her devisees under the settlement; White v. White, 20 App. Div. 560, 47 N. Y. Supp. 273; and is free from any claim by the husband to curtesy; White v. White, 20 Misc. 481, 46 N. Y. Supp. 658. It is sufficient to change the course of inheritance and authorize each party to dispose of his or her own property by deed or devise without consent of the other; Brown v. Weld, 6 Kan. App. 341, 48 Pac. 456. See Jacobs v. Jacobs, 42 la. 600. It Is not affected by a subsequent statute respecting married women; Smith v. Turpin, 109 Ala. 689, 19 South. 914. An Infant /ewe, who upon the eve of her marriage unites with her future husband in settling real estate upon herself and the issue of the marriage, may disaffirm the settlement when the disability of infancy and coverture have been removed, if she has done no act to affirm the settlement; Smith v. Smith’s Ex’r, 107 Va. 112, 57 S. E. 577, 12

A written agreement in the nature of a conveyance, calied a "settlement," which is made in contemplation of a proposed marriage and in consideration thereof, either by the parties about to intermarry, or one of them, or by a parent or relation on their behalf, by which the title to certain property is settled, i. e., fixed or limited to a prescribed course of succession; the object being, usually, to provide for the wife and children. Thus, the estate might be limited to the husband and issue, or to the wife and issue, or to husband and wife for their joint lives, remainder to the survivor for life, remainder over to the issue, or otherwise. Such settlements may also be made after marriage, in which case they are calied "post-nuptial.

Defined under Marriage in Black's Law Dictionary.

A written agreement in the nature of a conveyance, called a “settlement,” which is made in contemplation of a proposed marriage and in consideration thereof, either by the parties about to intermarry, or one of them, or by a parent or relation on their behalf, by which the title to certain property is settled, @. ¢., fixed or limited to a prescribed course of estate might be limited to the husband and issue, or to the wife and issue, or to husband and wife for their joint lives, remainder to the survivor for life, remainder over to the issue, or otherwise. Such settlements may also be made after marriage, in which case they are called “post-nuptial.”