W. B. Birch, as executor of the will of E. R. Anthony, brought his equitable petition against Mrs. Belle Anthony, the widow of his testator, and others, in which he sought, by injunction, to prevent Mrs. Anthony from obtaining a year’s support and dower from the estate of her dеceased husband, upon the ground that she had entered into the following contract with her husband :
“Having positively determined to leave my husband, E. R. Anthony, and dеny him all marital rights whatever, I hereby in consideration of four hundred dollars ($400) this day paid me by him I relinquish all claims of any kind whatever I have on him as wife.
Witness my hand and seal this day of 1894.
Legal L. S.
Providing this is a divorсe granted said Anthony by 1st of April, 1895.
Mrs. F. B. Anthony.
David Milne.
Isabella Milne.” •
It appeared from the evidence thаt David Milne and Isabella Milne signed the instrument as witnesses.
The trial judge refused to grаnt the injunction, and the executor excepted. While there were several points made in the case, we think it necessary to deal with only оne of them, and that is, whether the contract above set forth barred the widow’s rights to a year’s support and dower. It was contended by counsel for plaintiff in error, that the four hundred dollars
Whatever else may have been contemplated by the parties to this contract, it manifestly appears that it was their intention to promote a dissolution of the marriage relation existing between them. By reference to the contract it will be seen that it was apparently complete and ready to be signed when the condition wаs added providing, in effect, that it should be legal if a divorce should be granted to the husband on or before a fixed date. This provision renders the whole contract illegal, as it is well settled that a contract intended to promote a dissolution of marriage is contrary to the policy of thе law, illegal and void. 2 Am. & Eng. Enc. L. (2d ed.) 127; 9 Id. (1st ed.) 920; 1 Bish. Mar. & Div. § 76; 2 Id. § 696; Adams v. Adams,
Judgment affirmed.