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Dienst v. Dienst

Supreme Court of Michigan

141 N.W. 591 (1913)

Relevant factsFree

Mr. Dienst (defendant) claimed he agreed to marry Mrs. Dienst (plaintiff) — relocating and giving up his job — on the condition that she would support him financially and will him all her property upon her death, an arrangement Mrs. Dienst allegedly confirmed orally shortly after their marriage ceremony; when she later sought divorce, he cross-complained seeking to enforce the oral will agreement, and the trial court sustained her demurrer to that claim.

IssueFree

Whether, where a couple agrees to marry on the condition that they will enter into an agreement regarding property distribution and such agreement is orally made after the marriage occurs, the agreement is enforceable.

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