MARRIAGE SETTLEMENT. An agree ment made by the parties in contemplation of -marriage, by which the title to, certaW property is changed, and• the • property to some extent becomes. inalienable. See Fads ley v. Weatherby's Extrs, 8 Leigh (Va.) 1 D. & B. Eq. 389; Paine v. Hollister, 139 Mass. 144, 29 N. E. 541; Magniac v. Thomp son, 7 Pet. (U. S.) 348, 8 L. Ed. 709; In re Pulling's Estate, 93 Mich. 274, 52 N. W. 1116; Carr v. Lackland, 112 Mo. 442, 20 S. W. 624. See Atherly, Marr. Settl.
Such settlements are valid, the marriage being at law a valuable consideration; (Sneed v Russell (Tenn.) 42 S. W. 213; White v. White, 20 App. Div. 560, 47 N. Y. Supp. 273; and payments made in pursuance thereof cannot be set aside by creditors; Sneed v. Russell (Tenn.) 42 S. W. 213. The property covered passes, on the death of the wife, to her devisees under the settlement ; White v. White, 20 App. Div. 560, 47 N. Y. Supp. 273; and is free from any claim by the husband to curtesy ; White v. White, 20 Misc. 481, 46 N. Y. Supp. 658. It Is sufficient to change the course of inheritance and authorize each party to dispose of his or her own property by deed or devise without consent of the other ; Brown v. Weld, 5 Kan. App. 341, 46
Pac. 456. See Jacobs v. Jacobs, 42 Ia. 600. It is not affected by a subsequent statute re specting married women; Smith v. Turpin, 109 Ala. 689, 19 South. 914.
An infant tome, who upon the eve •of her marriage unites with her future husband, in settling real estate upon herself and the is sue of the marriage, may disaffirm the set tlement when the disability of infancy and coverture have been removed, if she has done no act to affirm the settlement ; Smith v. Smith's Ex'r, 107 Va. 112, 57 S. E. 577, 12 L. R. A. (N. S.) 1184, 122 Am. St. Rep. 831, 12 Ann. Cas. 857. Such settlement is bind ing if she failed to repudiate it within, a reasonable time after the termination of her infancy ; [1899] 2 Ch. 569. Such a settle ment will be construed by the law of the matrimonial domicil ; 18 L. Q. R. 342.
As to the enforcement of an agreement re lating to the disposition of property by will in consideration of the marriage, see SPE