IN RE MIKOLAJEWSKI

Civil Action No. 115.

83 A.2d 750 (1951)

In re MIKOLAJEWSKI et al.

Superior Court of Delaware, New Castle.

September 27, 1951.


Attorney(s) appearing for the Case

Robert C. Barab, Wilmington, for petitioner, Joseph Gwiazda.

Newton White, Wilmington, for respondent, Joseph Gwiazda, Administrator of the Estate of Frances Gwiazda.

Joseph H. Flanzer, Wilmington, for respondent, Virginia Josephine Mikolajewski.

HERRMANN, J., sitting.


HERRMANN, Judge.

Theoretically at least, this is an adversary proceeding between a husband and the administrator of his wife's estate, based upon an alleged contract between the husband and wife. I am of the opinion that such an action is not cognizable in this Court.

At common law a contract between husband and wife was invalid and unenforceable. The Married Women's Act of this State, which removed many of the common...

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