In the Matter of the Judicial Settlement of the Accounts of Margaret Callister and Henry Likly, as Administrators of…

Summary

The Court held that a pre‑marital contract for a wife’s personal services is extinguished by marriage, rendering the husband entitled to those services without payment. It also held that the claimant’s testimony about the consideration of a promissory note was inadmissible under Code Civ. Proc. § 829, that the note creates a prima facie presumption of settlement of all prior demands, and therefore a new trial is required on the individual claims. The judgment for the next‑of‑kin was affirmed, while the judgment for Margaret Callister was reversed and remanded.