DIENST V. DIENST
141 N.W. 591 (Mich. 1913)
NATURE OF THE CASE: This was an action to enforce an antenuptial agreement. Husband (D)
sought review of a decree, which sustained wife's (P) demurrer to the D's cross-bill
alleging the existence of a verbal antenuptial contract and dismissed that cross-bill.
FACTS: Mr. Dienst (D) and Mrs. (P) Dienst were married. P's estate was worth some money
and D was penniless. P sued D for divorce shortly thereafter. D claimed that P had orally
promised to leave her property to D in return for D's leaving his home and employment to
marry P. P argued that the antenuptial contract was within the Statute of Frauds. The trial
court sustained P's demurrer. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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