
    MARY JANE FOSTER, Respondent, v. BURTON FOSTER, Appellant.
    
      Post-nuptial agreement — Release of dow&r — sufficient consideration to support a promise.
    
    Post-nuptial agreements between husband and wife, though void in law, will be sustained and enforced in equity to the extent of the actual consideration thereof. (Shepard v. Shepaa’d, 7 Johns. Oh., 57; Story’s Eq. Jur.,§§1368 to 1376.)
    Accordingly, where a-husband, in order to induce his wife to relinquish her right of dower in certain real estate which he wished to sell, agreed to give her seventy dollars a year during his life, held, that the release by the wife of her inchoate right of dower was a valuable and sufficient consideration for the promise (G-arliehY. Strong, 3 Paige, 440; Simar v. Ganaday, 53 N. Y., 298), and that the husband should be compelled to perform the agreement on his part.
    Appeal from an order made at tbe Special Term, overruling a demurrer to tbe complaint.
    
      J. Welling, for appellant. Charles Me Louth, for respondent.
   Opinion by

Gilbeet, J.

Present — Smith, P. J., Gilbeet and Meewin, JJ.

Order affirmed.  