Another class of agreements required to be in writing are those made in consideration of marriage. This provision was at first construed in England to include mutual promises to marry;29 but this view was soon abandoned in England and has never been adopted in this country.30 Any other promise, however, upon consideration of marriage, except such mutual promises of marriage, are within the scope of the statute. In an Illinois case,31 the Court held that a promise to give one a certain amount of money by will if she would marry a certain suitor and refrain from marrying another, and subsequent contracts which were the outgrowth of such promise, were within Section 1 of the (Illinois) statute of frauds, and therefore unenforceable unless in writing.

29 Philpot vs. Wallett, Freem., 541.

30 Clark vs. Pendleton, 2 Conn., 495; Short vs. Stotts, 58 Ind., 29; Ogden vs .Ogden, 1 Bland, 289.

31 Austin vs. Kuehn, I11 I11. App., 506; affirmed, 211, I11. 113; 71 N. E., 841.