In re Duncan's Estate, 12468.
| Docket Nº | 12468. |
| Citation | 87 Colo. 149, 285 P. 757 |
| Case Date | February 24, 1930 |
| Court | Supreme Court of Colorado |
285 P. 757
87 Colo. 149
In re DUNCAN'S ESTATE.
POPHAM
v.
DUNCAN.
No. 12468.
Supreme Court of Colorado
February 24, 1930
Casemaker Note: Portions of this opinion were specifically rejected by a later court in 646 P.2d 623
In Department.
Error to District Court, City and County of Denver; Frank McDonough, Sr., Judge.
Petition by Hattie E. Duncan for an order requiring Harold E. Popham, as administrator of the estate of Charles M. Duncan, deceased, to pay petitioner the statutory widow's allowance, was denied by the county court. On appeal, the district court entered judgment for the petitioner, and the administrator brings error.
Affirmed.
[87 Colo. 150] Harold E. Popham, of Denver, pro se.
Lewis deR. Mowry and Robert D. Charlton, both of Denver, for defendant in error.
WHITFORD, C.J.
Charles M. Duncan died intestate. The defendant in error, his third wife, survived him. The plaintiff in error was appointed administrator of his estate. The widow petitioned the court for an order requiring the administrator to pay her the widow's allowance under the statute. The administrator resisted her petition, and set up an antenuptial contract, as a bar to the claim for an allowance. The alleged antenuptial contract is as follows:
'This agreement made and entered into this sixteenth day of December, 1924, between Charles M. Duncan, physician, party of the first part, and Mrs. Hattie E. Gibson, party of the second part, Witnesseth, that the said parties hereby mutually agree, that in the event of legally entering into a state of matrimony and living together as man and wife it is the intention that such relationship shall be continued in to the satisfaction of both parties, and to their mutual happiness. This agreement further witnesseth that should at any time a condition exist that would disturb the harmony of the married life and domestic relations of said parties, they agree to a legal separation, with the following stipulations: The party of the first part agrees to make a settlement with the party of the second part at the rate of $100.00 for each year they shall have lived together as man and wife, the said settlement to be paid in the lawful money of the [87 Colo 151] United States of America, or its equivalent. The said party of the second part agrees to accept said settlement within 24 hours of the time the said parties shall have ceased to live together as man and wife. The said party of the...
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Ratony's Estate, In re
...election to take against the Will of the First Party." Id. at 147, 244 A.2d at 674 (emphasis omitted). 2 See, e.g., Estate of Duncan, 87 Colo. 149, 285 P. 757 (1930); Trecker's Estate, 107 Ill.App.2d 94, 246 N.E.2d 56 (1969); Kovler v. Vagenheim, 333 Mass. 252, 130 N.E.2d 557 (1955); L......
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Newman v. Newman, Nos. 80SC169
...against public policy because such an agreement tends to promote dissolution of the marriage. She relies on the case of Estate of Duncan, 87 Colo. 149, 285 P. 757 (1930), where this court voided an antenuptial agreement which provided that the husband would be entitled to a divorce at any t......
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Young v. Colorado Nat. Bank of Denver, No. 19315
...the solemn decree of a court. It cannot be annulled by contract, or at the pleasure of the parties.' (Emphasis suplied.) Popham v. Duncan, 87 Colo. 149, 285 P. 757, 758, 70 A.L.R. 824; Otte v. Pierce, 118 Colo. 123, 194 P.2d 331, 4 A.L.R.2d By virtue of C.R.S. '53, 135-1-1, the common law o......
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Graham v. Graham, No. 1181.
...605, 44 A.L.R. 714; Franklin v. Franklin, 1891, 154 Mass. 515, 28 N.E. 681, 13 L.R.A. 843, 26 Am.St.Rep. 266. See also Re Duncan's Estate, 87 Colo. 149, 285 P. 757, 70 A.L.R. 824; Hills v. State, 61 Neb. 589, 85 N.W. 836, 57 L.R.A. 155; Hanson v. Hanson, 287 Mass. 154, 191 N.E. 673, 93 A.L.......
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Ratony's Estate, In re
...election to take against the Will of the First Party." Id. at 147, 244 A.2d at 674 (emphasis omitted). 2 See, e.g., Estate of Duncan, 87 Colo. 149, 285 P. 757 (1930); Trecker's Estate, 107 Ill.App.2d 94, 246 N.E.2d 56 (1969); Kovler v. Vagenheim, 333 Mass. 252, 130 N.E.2d 557 (1955); L......
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Newman v. Newman, Nos. 80SC169
...against public policy because such an agreement tends to promote dissolution of the marriage. She relies on the case of Estate of Duncan, 87 Colo. 149, 285 P. 757 (1930), where this court voided an antenuptial agreement which provided that the husband would be entitled to a divorce at any t......
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Young v. Colorado Nat. Bank of Denver, No. 19315
...the solemn decree of a court. It cannot be annulled by contract, or at the pleasure of the parties.' (Emphasis suplied.) Popham v. Duncan, 87 Colo. 149, 285 P. 757, 758, 70 A.L.R. 824; Otte v. Pierce, 118 Colo. 123, 194 P.2d 331, 4 A.L.R.2d By virtue of C.R.S. '53, 135-1-1, the common law o......
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Graham v. Graham, No. 1181.
...605, 44 A.L.R. 714; Franklin v. Franklin, 1891, 154 Mass. 515, 28 N.E. 681, 13 L.R.A. 843, 26 Am.St.Rep. 266. See also Re Duncan's Estate, 87 Colo. 149, 285 P. 757, 70 A.L.R. 824; Hills v. State, 61 Neb. 589, 85 N.W. 836, 57 L.R.A. 155; Hanson v. Hanson, 287 Mass. 154, 191 N.E. 673, 93 A.L.......