41 Tenn. 104 | Tenn. | 1860
delivered the opinion of the Court.
-On .the 3d of January, 1856, Amos Williams, the testator, and Elizabeth Bell, the complainant, in contemplation of marriage, which was soon after consummated, entered into a marriage contract. It provided that all her property, of every kind, should be secured to her, and returned, if she should survive, without any account, however, for interest or hire. Then there is this stipulation: 2d, Said Williams agrees that, at the termination of his life, should she survive him, she shall have one-sixth part of all the personal property, or choses in action, which he may die possessed of, or entitled to, and no more, saving and reserving the right of dower.
He disposes of all his property among his children. She did not dissent from the Will, but, in the bill, claims, under it, the promises made for her; and, in addition thereto, the one-sixth of his personal estate, and dower in the realty, under the marriage contract. All this was allowed to her by the decree of the Chancellor, and the defendants, (consisting of the executor, and all of the legatees,) appealed.
There can be no doubt, without reference to the rejected testimony, as to his understanding and intention, that, at the time the Will was made, he considered the provision he was making for his wife, out of his own property, was to be in lieu of the one-sixth of his estate, and the dower secured to her in the marriage contract; or, rather, that he thought the provision made in the Will was all she could get, and that he was not barred by the contract. But, it is very clear, that he could not, by this Will, affect the binding force of the ante-nuptial settlement. That was beyond his reach, and could not be annulled. So, we think, the Chancellor very properly held, that the complainant was entitled to one-sixth of all the personal estate. That is secured to her in the contract, and she cannot be deprived of it, without her consent, by his Will, or otherwise. But
The next, and most important question, is, whether
A decree will be entered with this modification, and the cause remanded.