Appellate Division of the Supreme Court of the State of New York December 30, 1908 (Logan v. Whitley)

lead-opinion

Miller, J.:

On the 19th day of February, 1903, the plaintiff’s intestate, Elizabeth J. Logan, and the defendant’s testator, John Whitley, entered into a contract in contemplation of marriage, which provided that the former, if she survived the, latter, should accept from his estate the sum of $10,000 in lien of dower and of her distributive share of the personal property, and that