Appleby v. Appleby's Estate (In re Appleby's Estate)

• Decision Date: 28 March 1907
• Parties: In re APPLEBY'S ESTATE. APPLEBY v. APPLEBY'S ESTATE et al.
• Court: Minnesota Supreme Court

100 Minn. 408

111 N.W. 305

In re APPLEBY'S ESTATE.APPLEBY

v.APPLEBY'S ESTATE et al.

Supreme Court of Minnesota.

March 28, 1907.

Appeal from District Court, Ramsey County; Oscar Hallam, Judge.

In the matter of the estate of Cornelia Day Wilder Appleby, deceased. T. E. W. Villiers Appleby appealed to the district court from a final decree of distribution. Decree affirmed. From an order denying a new trial, he appeals. Affirmed.

Jaggard, J., dissenting.

Syllabus by the Court

Contracts in restraint of marriage, or which tend to induce a separation of husband and wife, are, on broad grounds of public policy, utterly void.

An antenuptial contract contained a provision by which, in consideration of the contemplated marriage and the release and relinquishment by the intended husband of all his rights and interests in and to the property and estate of the intended wife, she agreed to provide from her estate, after her death, an annual income to him of $10,000 so long as he should remain unmarried. This is held not a condition in restraint of marriage, but one limiting the duration of the income, terminable at the voluntary election of the husband.

An antenuptial contract provided for the income mentioned in the preceding paragraph if the parties were at the time of the death of the wife living and cohabiting together as husband and wife. The contract in this respect is construed, and held not to tend to induce a separation between husband and wife, and therefore valid.

The agreement to marry is a sufficient consideration to support an antenuptial contract disposing of and definitely fixing the property rights of the parties.

Even though the original engagement of marriage be absolute, and entered into some months preceding the making and signing of the antenuptial contract, the agreement to marry remains a consideration for that contract, and sufficient to support it.

Antenuptial contracts in anticipation of marriage, equitably and fairly made, exclude the operation of law in respect to the property rights of each, in so far as covered by the contract.

The antenuptial contract involved in this case, cutting off the homestead right of appellant and his statutory one-third interest in his wife's property, is not prohibited by statute, and is valid.

An antenuptial contract, fair and reasonable, respecting the property and property rights of the parties, fully performed by one of the parties after the marriage and before his or her death, will not be held void at the instance of the other party, merely because one of the provisions thereof might be so construed as to have justified the one performing in adopting a course of conduct before death that would render the contract inoperative and of no effect.

The will involved in this case, being supplemental to that construed in the case of Watkins v. Bigelow, 101 N. W. 497, 93 Minn. 361, by which the ‘Amherst H. Wilder Charity’ was created, construed, and held in all substantial respects similar to the will construed in that case, and not violative of the statute against uses and trusts.

The will devised to appellant certain property, which constituted the homestead of the mother of the testatrix, if at the time of her death she was the owner of the same. Coupled therewith were bequests to her mother, which the mother accepted and received. It is held that, the devise being conditioned upon her ownership of the property, the rule of equitable clection, laid down in Brown v. Brown, 44 N. W. 250.42 Minn. 270, did not apply.

The provisions of the part of the will providing for an annual allowance of $5,000 for the care and maintenance of the property referred to in the tenth subdivision of this syllabus were intended by the testatrix for the purpose of maintaining the homestead in suitable condition for occupancy so long as it should be occupied rightfully by appellant; and inasmuch as the right to occupy the same never passed to appellant by the will, it not being the testatrix's property at the time of her death, the provisions for the maintenance thereof lapsed and became inoperative. Thomas D. O'Brien, Albert E. Clarke, and Harris Richardson, for appellant.

Frank B. Kellogg, C. A. Severance, and Robert E. Olds, for respondents.

BROWN, J.

Cornelia Day Wilder Appleby died in January, 1903, leaving what purported to be her last will and testament. It was presented to the probate court of Ramsey county for allowance, was duly proved and allowed, and a final decree of distribution of her estate entered in accordance with its terms and provisions. Dr. T. E. W. Villiers Appleby, her surviving husband, appealed therefrom to the district court, where the decree of the probate court was in all substantial respects affirmed. He then appealed to this court from an order of that court denying his motion for a new trial.

Amherst H. Wilder, with his wife, Fannie S. Wilder, and daughter, Cornelia Day Wilder, an only child, resided for many years in the city of St. Paul, where in numerous business enterprises he accumulated what would constitute, outside of modern railroad financiering, a vast fortune, aggregating over $2,000,000. He determined in his lifetime to provide at his death from a large portion of his wealth a perpetual fund for the benefit of the worthy poor of St. Paul. To that end he created by his last will and testament the ‘Amherst H. Wilder Charity’ and amply provided for carrying out his wishes in this respect. That his wife and daughter fully concurred and co-operated with him in his benevolent purposes is evidenced by the provisions contained in the last will of each. The will of Mr. Wilder, and that of his wife, Fannie S. Wilder, were before us in the case of Watkins v. Bigelow et al., 93 Minn. 210,101 N. W. 497, where the will of Mrs. Wilder, supplementing that of her husband, was construed and upheld. The will of Mr. Wilder, and also that of his wife, made numerous minor provisions to various persons, provided fully for the daughter, and left a large portion of the residue of their estate to the charity thereby created and provided for. Reference is here made to the opinion in the former case for a full statement of the facts relative to those wills and the charity thus established. In 1896 Miss Wilder and Dr. Appleby became engaged to be married to each other, pursuant to which they were married in May, 1897, and continued thereafter to live and cohabit together as husband and wife until the time of her death on January 20, 1903. Prior to their marriage, in May, 1896, they entered into an antenuptical contract, the material portions of which are as follows:

‘Whereas, it is agreed by and between the parties hereto, Cornelia Day Wilder, also called herein party of the first part, and T. E. W. Villiers Appleby, also called herein party of the second part, each of St. Paul, Minnesota, each of full age, that a marriage is shortly to be had and solemnized between the parties hereto; and

‘Whereas, said party of the first part now has in her own name and right, and there is also held for her in trust under the last will of her father, Amherst H. Wilder, late of said St. Paul, a large amount of property, real and personal, and she expects to have and acquire hereafter from time to time a large amount of property; and

‘Whereas, under the last will of her father a large amount of property is held in trust for any child or children born to said Cornelia Day Wilder, her surviving, and the parties hereto desire by this antenuptial agreement to arrange, and do hereby arrange, as to all and every part of the present and future property of every kind and character of said Cornelia Day Wilder, and of any child or children born to said Cornelia Day Wilder, who may her survive, and then die without becoming of full age, issue of said intended marriage:

‘Now, in consideration of the premises and in consideration of one dollar to said party of the second part paid by said party of the first part at the time of making this instrument, and other good and satisfactory consideration received by said party of the second part from said party of the first part, the receipt of which said party of the second party hereby acknowledges, it is agreed by and between the parties hereto that said party of the first part shall at all times and on all occasions have full right, liberty, and authority, and as fully and in all respects the same as she would have if not married, to use, enjoy, manage, convey, mortgage, grant, alienate, and dispose of all and every part of her present and also of her future property and estate, of every kind and character, including, also, the right and power to dispose of same, and all and every part of same, by last will and testament, all and each and every part thereof as she shall from time to time deem fit and proper. Said party of the second part on his part further agrees, in consideration of the premises and foregoing, to disclaim and release, and does hereby disclaim and release, to said party of the first part, her heirs, legal representatives, assigns, legatees, and devisees, all and singular all and every right, claim, and estate, actual, inchoate, or contingent, and of every kind and character he might, would, or could have, hold, or acquire in, to, or upon all or any of said property by reason of said marriage, and by reason of being or by reason of having been the husband of said Cornelia Day Wilder.’

Supplemental to this agreement, and as a part thereof, and for the purpose of definitely expressing the consideration left indefinite and unexpressed in the antenuptial contract proper, the parties entered into the following further agreement:

‘Whereas, Cornelia Day Wilder, called herein party of the first part, and T. E. W. Villiers Appleby, called herein party of the second part, each of St. Paul, Minneosta, have under date of May 14, 1897, entered into an antenuptial agreement and in duplicate, of which Exhibit A hereto attached is a...