Estate of Patton

This is an application by the widow for partial distribution. The executors interpose an alleged marriage contract, by the terms of which the earnings and accumulations of each were to be separate property, subject to testamentary disposition. The widow objects to the contract, on the ground that it was not properly executed.

The contract was drawn by the deceased and signed by the parties a few minutes before the marriage, while the clergyman, parties, and guests were assembled for the marriage ceremony. It was not at that time acknowledged before an officer, but was acknowledged by them some eight years after the marriage.

The statute of this State, in force when this contract was signed (1 Hittell, 8576), required that “all *242 marriage contracts shall be in writing, and executed and acknowledged, or proved, in like manner as a conveyance of land is required to be executed and acknowledged or proved.”

The contract must be complete in all its parts before the marriage. It must be in writing, signed and acknowledged by the parties. It was urged that as conveyances of real estate are good as between the parties without acknowledgment, a marriage contract is good as between the…