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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 128   View pdf image (33K)
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128 HIGH COURT OF CHANCERY.
to the aaid George Crane, and that in accordance with said
gift and agreement, the said bonds were delivered to the said
George Crane, and remained in his possession up to the time
of his death, in August, 1849." Again, " that the said bonds
in consideration of the approaching marriage between the said
George Crane and Mary Gough, and which said marriage did
take place at the time aforesaid, were, by the agreement of the
said Mary Gough with said George Crane, to become the pro-
perty of the said George Crane at the time of his intermarriage
with her, and that in consequence of said agreement, and the
said marriage, the said bonds came into the possession and did
become the property of the said George Crane, and that re-
spondents, as his executors, are now entitled to them."
The defence, therefore, assuming that the objection to the
jurisdiction of the Court is not well taken, is put upon the
ground of an ante-nuptial agreement, by which it is alleged
that these chases in action became upon the marriage the abso-
lute property of the husband, and now should pass to his repre-
sentatives.
The agreement relied upon in the answer not being in writing,
cannot be set up as an objection to the title of the plaintiff
unless there is something in the circumstances of the case
which will relieve it from the operation of the statute of frauds,
which declares that no action shall be brought whereby to
charge to any person upon any agreement made in consideration
of marriage, unless the agreement, or some memorandum or
note thereof, shall be in writing and signed by the party, &c.
The circumstances relied upon here to save this case from
the operation of the statute is part performance, and this part
performance is the marriage itself and delivery of the bonds to
the husband, those being the acts of performance set up in the
answer. But it is clear and incontestable that the marriage
itself standing alone is no part performance within this clause
of the statute for reasons which are strongly stated in the case
of Moutacute vs. Maxwell, 1 Peere Wms; 618. In that case
it will be found that the circumstances supporting the promise
which was made by the intended husband to the wife to allow

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 128   View pdf image (33K)
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