A wife may be entitled to alimony when a divorce is decreed against her, even if not entitled to a divorce against her husband.
An ante-nuptial agreement that she shall have a certain sum after his decease, in lieu of all claim against his estate, is no bar to alimony.
Evidence as to the value of his estate, and the conduct of the parties towards each other, is competent on the question of alimony.
BINGHAM, J.
Upon any decree of divorce, the court may order the husband to pay the wife such sum of money as may be deemed just, even when a divorce is decreed against her, and she is not entitled to a divorce against him. Gen. St., c. 163. s. 12; Sheafe v. Sheafe, 24 N.H. 564; Sheafe v. Laighton, 36 N.H. 240; 2 Bish. Mar. Div., s. 378.
Evidence as to the conduct of the parties toward each other, and the value of the husband's estate, was competent on the question of alimony. Gen. St., c. 163, s. 12. His duty to support her was properly considered in determining the amount of alimony. 2 Bish. Mar. Div., s. 369; Morrison v. Morrison, 49 N.H. 73.
Exceptions overruled.
STANLEY, J., did not sit: the others concurred.