Anderson v. Anderson

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In ‎Anderson v. Anderson, Call Vol. II 163 (1799),[1] the Court determined whether the plaintiff's prenuptial agreement could protect her estate against her husband's creditors.


Jane Anderson’s mother left her a small fortune in slaves. To protect her estate after marriage, Jane wanted to draft a prenuptial agreement. George Anderson, in hopes of saving his future wife the cost of attorney’s fees, recommended his brother write the marriage contract, which he did. After Jane and George married, it was discovered that George had an enormous amount of debt. George's creditors quickly took Jane's entire estate, stating the prenuptial agreement was poorly drafted and insufficient in protecting Jane’s estate. Jane sued George and his creditors in the High Court of Chancery for the execution of the marriage contract to regain her estate.

The Court's Decision

On June 5th, 1794, Chancellor Wythe dismissed the case. Jane Anderson appealed. The Court of Appeal affirmed the ruling.

See also


  1. Daniel Call, Reports of Cases Argued and Adjudged in the Court of Appeals in Virginia, 2nd ed., ed. Lucian Minor (Richmond: A. Morris, 1854), 163.