66 Vt. 187 | Vt. | 1893
In the ante-nuptial contract the petitioner, in consideration of the marriage and of the covenant of the petitionee that he would forego and relinquish all rights to any property which she then had, or might acquire during the marriage, also covenanted to relinquish all rights to the property which he then had, or might acquire, and that she should be forever barred and estopped from having or claiming to have any right, title or interest therein. The contract was made binding upon their respective heirs and legal representatives. It was declared to be the essence of the contract that, at the death of either party, all property of every kind, of which such party should die seized, should descend to the legal heirs and representatives, the same as though the marriage had not taken place, without any claim or right therein of the survivor. The question is whether
From these decisions it is also apparent that permanent .alimony is given for damages sustained by reason of the failure of the husband to keep and observe his marriage contract and perform the duties thereby imposed upon him towards his wife, especially the duty of supporting her, in sickness and in health, until the contract is dissolved by the •death of one of the parties to it. Now the ante-nuptial contract did not contemplate a divorce, or a dissolution of the marital contract through the fault of the husband. It contemplated the performance of that contract until dissolved by the death of one of the parties to it, that the petitionee would discharge his duty by supporting the petitioner until such a dissolution. By it the petitioner did not debar herself of her marital right to such support. The ante-nuptial contract contemplated and took effect upon the consummation of the marriage, which imposed upon the petitionee the duty of supporting the petitioner until the contract of marriage came to an end by the removal of one of the parties by death. The contract, which took effect only upon the consummation of the marriage, cannot bar the petitioner from pecuniary damages awarded for the failure of the petitionee to keep and perform that contract and discharge the
Judgment affirmed.