Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-05-01
SOME LAW NOTES.
Wife Cannot Bar Herself Of Dover in
Husbands Estate.
Rescript in an Important Knox County
Case.

the Maine Law Reports appears an
opinion in case of considerable in
terest. 1t is the case of John e. Pink
ham and another VS.. Frances o. Pink
ham OF this city. Judge Savage wrote
the opinion, in which the following
points are brought out:
In their writ of entry the demand
ants are the two sons of Elisha f.
Pinkham, who died seized Of the de-
manded premises April "a, 1899; the
defendant is his widow. The widow
claims onc-third interest in the
| premises by statutory descent under
the provision of section / of chapter
| 157 OF the public laws of 1895. And it
| is agreed that if the widows claim is
sustained, the demandants are entitled
to judgment for tWO-thirds undivided
of the premises; otherwise, for the
whole.
! The demandants claim that the de-
| PENDANT is barred of her statutory in
| tereSt by an agreement made while
| Elisha +. Pinkham ana the defendant
were intermarried, ana presumably
| while they were living together as hus-
| band ana wife. This agreement, dated
| Feb. u, 1896, was in the nature of q
| release from enc to the other of all
right. title ana interest in dover of his
| or hr real estate.
| In this agreement" say the court
the parties make use of the word
DOVER Chapter 151 of the public
laws of 1895, abolished dover and sub
stituted therefor title and interest by
| descent. an estate in fee. That statute
| was not in force as to these parties
| when this agreement was made, but it
WAS in force when Mr.. Pinkham died
But we think it is clear that in using
the word DOVER the parties had in
| nina such interest as the defendant
might have in her husbands real cs-
tate at his death. Re it dover under
| the Old statutes, or right and interest
| by descent under the new. and thus
we conStrue the agreement
| 'But IS the agreement valid? We
| think not At Common law q wife
| could not bar her dover by Il release
| to her husband during coverture If
| such power now exists it must be by
| reason OF some enabling statute IL
| the power be sought in the general
| statutes extending the powers of wives
| to contract with their husbands we
| think the search will be unayailing.
| certainly no such power is expressly
| given, and we think it is not given by
| any fair intendment.
| Now because the statutes empower
| n wife to convey her real estate to her
| husband, a matter of bargain and sale,
| or gift, ii does not follow that she may
| dIveSt herself of her dover right, or rs
| we now say, her right and interest by
| descent, by simply contracting mutual
releases with her husband.
| The law jealousy regards the rights
of wife in the estate Of her husband.
She may not be barred by his deed or
his will, unless she joins in the one. or
IS willing to accept the provisions of
| the other. Sac is even protected
against her own tOo-easily persuaded
confidence in her husband, her own
| improvident contracts with him.
| Besides, if the agreement in the
case at bar could be held to be a pecu-
mary provision, the case shows that
the widow seasonably elected to waive
the provision. And this she could do,
for the provision was made after mar
riage"
The court therefore ruled that the
defendant was entitled to one-third in
| common and undivided Of the demand
! ed premises as the right and interes:
by descent from her husband, and the
| dcmandents We're entitled to judgment
for the remainder.
| The case of Henry Lambert, who
was convicted of murder at the special
session of the supreme court for
Piscataquis county, last November,
| will soon be argued in the law court.
but whether at the Bangor or Portland
term cannot now be stated.
The work of printing the evidence
| taken at the trial is now in progress
and upon its completion depends the
| time when the case will be argued If
the book is completed by the beginning
Of the Bangor term the case will be
heard at that time, if not, it win go
over to the Portland term.
| The Lambert trial occupied 10 DAYS
and a great amount of testimony was
taken. An idea of the amount of tes-
! timony so taken is to be gained by the
knowledge of the fact that the evidence
makes a book Of 1900 typewriter pages.
Allowing 300 words to a page, which is
less than what a page would probably
contain, there will be 100000 words in
| the book.
Esa-. - SEEEF FfWXE
| Inc following reScript in q Knox
county case has just come from the
law court:
A. S. Littlefield, assignee, VS..
Ephraim Gay. Rescript, Strout, J.
While the bankrupt law of the United
States is in force, the insolvent law of
the State is suspended as to all per-
sons and cases which are within the
purview of the bankrupt law.
This is so as to debtors, owing less
than one thousand dollars. who cannot
be put into bankruptcy by adverse pro-
ceedings, but may voluntarily invoke
its provisions.
The Insolvency Court erred in TAX
| ing jurisdiction in the case of Black
| inSton. The appointment of plaintiff
as assignee was unauthorized and void.
and he has no standing in court
| Exceptions overruled.
/ The case of the Watcrville Trust
| company VS.. the estate of |. G.. Libby
which was heard at Belfast before AS
sociate Justice A. NJ. Spear on Satur-
day. of last week. has gone to the law
court. The case is briefly as follows: