128 Iowa 121 | Iowa | 1905
By the laws of Illinois, the separation contract between plaintiff and her deceased husband was valid. Luttrell v. Boggs, 168 Ill. 361 (48 N. E. Rep. 171); Crum v. O’Near, 132 Ill. 443 (24 N. E. Rep. 956). Such agreements were formerly upheld in this state. McKee v. Reynolds, 26 Iowa, 578; Blake v. Blake, 7 Iowa, 46. See Foote v. Nickerson, 70 N. H. 496 (48 Atl. Rep. 1088, 54 L. R. A. 554), for an interesting review of the English and American decisions on the subject; also valuable note to Baum v. Baum, 109 Wis. 47 (85 N. W. Rep. 122, 52 L. R. A. 650, 83 Am. St. Rep. 859). But for the influence of a statute to be quoted, the plaintiff would not be permitted to share the . estate of her deceased husband, with whom she had lived less than a year, and from whom she had separated herself for more than fifteen years. Hilbish v. Hattle, 145 Ind. 59 (44 N. E. Rep. 20, 33 L. R. A. 783); Scott’s Estate, 147 Pa. 102 (23 Atl. Rep. 214); Garver v. Miller, 16 Ohio St. 527; Aspey v. Barry, 13 S. D. 220 (83 N. W. Rep. 91); McBreen v. McBreen, 154 Mo. 323 (55 S. W. Rep. 463, 77 Am. St. Rep. 758). Section 3154 of the Code, however, declares that “ when property is owned by the husband or wife the other has no-interest ‘therein which can be tire subject of contract between them.” This statute has been repeatedly construed