32 Ala. 473 | Ala. | 1858
The question to be decided by us is, whether or not the complainant’s bill contains equity. The object of the bill is the specific execution of an agreement by complainant’s wife, that “ he should have and enjoy” a certain tract of land of her separate estate, with the improvements on it, during his natural life, in consideration that he would improve it in a certain manner. The complainant made the improvements, and possessed the land during his wife’s life-time. Ilis wife being dead, he wishes the contract for the enjoyment of the land during his life-time enforced against her representative and devisees. The land was conveyed by way of gift to the wife during the coverture; but an ante-nuptial contract between the complainant and his wife creates a separate estate in property which the wife might afterwards receive, as well as in that which she then had. It is contended that, by the ante-nuptial contract, the wife’s interest is restricted to a life estate, with the power to convey by will; and that, therefore, she could make no transfer to her husband, which would be operative beyond the period of her life.
The ante-nuptial contract reserves to Mrs. Booker the right to give, grant and dispose of her separate estate, as
2. The complainant stipulates, that the persons to whom his wife might bequeath the property, should possess and enjoy it. But the contract, in that respect, was susceptible of modification or change by the complainant and his wife, for a fair and valuable consideration. — Wallis v. Long, 16 Ala. 738. An agreement between the husband and wife, that the husband should possess the land during
’What we have said conclusively shows, that the bill, as amended, contained equity; and that is the only question which we think is before us on the appellant’s assignment of errors.
The decree of the court below is reversed, and the cause, remanded.