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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 119   View pdf image (33K)
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GOUGH VS. CRANE. 119
DIXON GOUGH, ADM'B OF
MARY CRANE,
vs. MARCH TERM, 1862.
ROBERT CRANE AND JOHN A. CRANE,
EX'RS OF GEO. CRANE.
[CHOSES IN ACTION OF THE WIFE—PART PERFORMANCE OF PAROL ANTE-
NUPTIAL, CONTRACT—SPECIFIC PERFORMANCE—JURISDICTION OF EQUITY TO
DECREE DELIVERY OF BONDS TO THE REPRESENTATIVE OF THE WIFE.]
WHERE the husband neither reduces the chases in action of the wife into pos-
session during coverture, nor during his life in case he survives her, they
devolve at his death upon her representatives.
The Act of 1798, ch. 101, sub. ch. 6, sec. 8, changes in this respect the Eng-
lish statute of distributions, which gives to the representatives of the
husband who survives his wife, chases in action not reduced to possession,
to the exclusion of the representatives of the wife.
If the husband reduces the chases in action of his wife into possession during
his lifetime, or recovers judgment upon them at law or in equity, either in
his own favor or in favor of himself and his wife, and he survives her, and
subsequently dies, they devolve upon his representatives.
Where the marriage itself is the only act of performance of a parol ante-
nuptial agreement, that the chases in action of the wife should, in considera-
tion of the marriage, become the property of the husband, if the agreement
remains unexecuted, a Court of Equity has no power to decree its specific
performance in opposition to the statute of frauds.
Marriage itself, standing alone, is no part performance within the statute of
frauds.
A parol agreement made in consideration of marriage is founded on a valu-
able consideration, and upon consummation of the marriage and delivery
of the property in pursuance of the agreement, the case is taken out of
the operation of the statute, and will be enforced in equity.
The circumstances of this case are distinguishable from those of the case of
Dugan et al. vs. Gittings et al., 8 Gill, 138, in essential particulars; there
being here no legal testimony of mutual promises to marry, and none to
bind the husband to the terms of the agreement as stated by the wife, and
no clear evidence that the property was delivered in pursuance of the
agreement.
Declarations of the lady made in the absence of the intended husband are
not admissible to prove the agreement to marry.
Declarations of the lady made in the absence and out of the hearing of the
intended husband, to the effect that they had made an agreement, that the
husband wag to "have all her bonds" and " to allow her the interest on
them during her life," are not admissible to bind the husband.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 119   View pdf image (33K)
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