Gieseler v. Remke

• Decision Date: 13 May 1936
• Docket Number: (CC 554)
• Citation: 117 W.Va. 430
• Court: West Virginia Supreme Court
• Parties: Anna M. Hall Gieseler v. Clara L. Remke, Executrix

117 W.Va. 430

Anna M. Hall Gieseler

v.Clara L. Remke, Executrix

(CC 554)

Supreme Court of Appeals of West Virginia.

Submitted April 21, 1936.

Decided May 13, 1936.

1. Husband and Wife

A bill filed on behalf of a widow in a suit against the executrix of the estate of her late husband to set aside a certain antenuptial agreement, wherein she had contracted to release her dower right in the property then owned by the other, which alleges facts showing a fraudulent concealment on behalf of the prospective husband at the time of execution of said agreement as to the nature and extent of his estate, and, in the alternate, that the consideration either totally failed or was grossly inadequate, is good on demurrer.

2. Husband and Wife

Ordinarily, the mere lapse of time and the death of the husband against whose estate the widow seeks to recover expenditures which she was required to make out of her individual estate for her maintenance and support are not in themselves sufficient to work an estoppel, as a matter of law, on ground of laches.

Case Certified from Circuit Court, Ohio County.

Suit by Anna M. Hall Gieseler against Clara L. Remke, executrix of the estate of Walter Gieseler, deceased. Demurrer to the amended bill was sustained, and question certified.

Ruling reversed; demurrer overruled.

McKee and McKee, for plaintiff.

Wm. J. Gompers, for defendant.

Woods, Judge:

This is a suit by a widow against the personal representative of her late husband's estate, for purpose of having a certain antenuptial agreement, by the terms of which she had agreed to relinquish and release all dower rights in any property then owned by the other contracting party, set aside as having been obtained through fraud; and for the further purpose of recovering a reasonable sum for maintenance and support covering the period of alleged desertion on the part of the other spouse. A demurrer to the amended bill was sustained, and the sufficiency of the pleading certified to this Court for decision.

It appears from the allegations of the amended bill, and exhibits filed therewith, that plaintiff and August Gieseler, on January 24, 1925, entered into an agreement in contemplation of "marriage, shortly to be solemnized," wherein Gieseler covenanted to and with plaintiff to pay the latter "the sum of Ten ($10.00) Dollars and other valuable considerations, the receipt for which is hereby acknowledged, which * * * [plaintiff] accepts in lieu of the dower, or distributive share of the estate possessed by * * * [Gieseler] at the time of his death, if she should survive him," etc.; that the parties to such agreement were married on February 7, 1925; that Gieseler, in November, 1925, abandoned and deserted plaintiff without any just cause therefor and up until the time of his death, March 13, 1934, refused to return to her or to contribute anything whatsoever to her support; that Gieseler, during the time plaintiff was married to him, was comfortably well fixed and well able to provide for her; that, although often requested so to do, Gieseler never delivered to plaintiff the "other considerations," referred to in the antenuptial agreement; that it was agreed at the time of the execution of said agreement that plaintiff was to have all the stock of the Wheeling Electric Company then owned by Gieseler; that prior to, and at the time of the execution of said agreement, Gieseler failed fully to inform plaintiff with respect to the nature and extent of his estate; that, except for statements of her prospective husband, plaintiff had no knowledge regarding the same; that not until after the appraisal of decedent's estate (consisting, with one exception, of personalty), was plaintiff fully advised as to the true nature and extent thereof; that the said consideration (Wheeling Electric Company stock), had same been delivered to her, would have been grossly inadequate in view of the actual facts; that Gieseler had concealed and kept secret from her the true...