Abrams v. Whitmore 4 Des. Eq. 255, 4 S.C. Eq. 255

Laurens.

Heard by Chancellor Thompson.

William Abrams, et. al. vs. Elizabeth Whitmore, Administratrix.

ft*SE *EEi

A trustee is not absolutely necessary to be named in a marriage settlement, in order to give it validity.

The only question that presents itself for the consideration of the court is the validity of the marriage contract referred to by the plea of defendant.

FEB'Y. 1812

For the complainant it is contended that it is void, for the want of the intervention of a trustee; but the court is of opinion that the nature of the instrument is not such as to require it; it not having any operation until the coverture was dissolved, and of course could not merge in the marital rights.

The contract was entered into with all imaginable fairness, for a valuable consideration, and cannot be infringed by this court.