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Uncertain UnionsMarriage in England 1660–1753$
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Lawrence Stone

Print publication date: 1992

Print ISBN-13: 9780198202530

Published to Oxford Scholarship Online: October 2011

DOI: 10.1093/acprof:oso/9780198202530.001.0001

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Brace v. Cudworth, 1680–1682

Brace v. Cudworth, 1680–1682

A Written Contract

(p.78) 5 Brace v. Cudworth, 1680–1682
Uncertain Unions

Lawrence Stone

Oxford University Press

This chapter presents a case study on the marriage contract in England, focusing on the case Brace v. Cudworth which was seen in court in 1682. The case was filed by John Brace to reclaim Mary Cudworth and have her marriage to Robert Harbach nullified. From the legal point of view, the main interest in the story is the independence conferred on Mary by controlling her own marriage portion and her skill in drafting an ironclad marriage contract.

Keywords:   marriage contract, court cases, Brace v. Cudworth, John Brace, Mary Cudworth, Robert Harbach, court case

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