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Dienst v. Dienst

Supreme Court of Michigan
141 N.W. 591 (1913)


Facts

Mr. Dienst (defendant) and Mrs. Dienst (plaintiff) developed a long-distance relationship through a brief correspondence. According to Mr. Dienst, he promised to marry Mrs. Dienst—which involved relocating to her state of residence and abandoning his employment—if Mrs. Dienst would support him financially during the marriage and will to him all of her property upon her death. Mrs. Dienst allegedly agreed and shortly after their marriage reached an oral agreement with Mr. Dienst about her will. Eventually, Mrs. Dienst filed for divorce. Mr. Dienst filed a cross-complaint in which he sought to enforce the oral antenuptial agreement regarding Mrs. Dienst’s will. The trial court sustained a demurrer filed by Mrs. Dienst. Mr. Dienst appealed.

Rule of Law

Issue

Holding and Reasoning (McAlvay, J.)

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