Kingsley v. Noble
| Citation | 263 N.W. 222,129 Neb. 808 |
| Decision Date | 08 November 1935 |
| Docket Number | 29170. |
| Parties | KINGSLEY ET AL. v. NOBLE ET AL. |
| Court | Supreme Court of Nebraska |
Syllabus by the Court.
1. Ignorance on the part of the prospective wife of her legal rights in the property of the intended husband, or of her share in his estate if she survives as his widow, will not of itself, entitle her to avoid her antenuptial contract.
2. When each party to an antenuptial contract, legally executed under section 30-106, Comp. St. 1929, is chargeable with knowledge of the extent and value of the other's property, a disproportionate allowance for the prospective wife does not shift the burden of proof to the husband or his representatives to sustain the contract, and to that extent our holding in the case of In re Estate of Enyart, 100 Neb. 337, 160 N.W. 120, is hereby overruled.
Appeal from District Court, York County; Hastings Judge.
On rehearing.
Reversed with directions and former opinion vacated.
For prior opinion, see 129 Neb. 130, 260 N.W. 918.
W. W. Wyckoff, of York, for appellant Kingsley.
G. M. Spurlock, of York, for appellants Noble and others.
Sandall & Webster, of York, for appellee Mary E. Klone.
Heard before GOSS, C. J., and ROSE, GOOD, EBERLY, DAY, PAINE, and CARTER, JJ.
This is the second decision in this case, the first being found 129 Neb. 130, 260 N.W. 918.The issues were made up in a partition suit, but the real contest is over an antenuptial contract. The trial court found this contract, which is set out in full in our first opinion, was null and void, and the judgment was affirmed in our first opinion.
Hermon H. Klone had been married twice, with an issue of seven children from each marriage. His second wife died on April 13, 1915, when he was 72 years of age, but within a couple of months he began looking for another wife. He discussed the matter with H. W. Brott, and this resulted in Mr. and Mrs. Brott sending word to Mary E. Downey, a widow, 56 years of age, with four grown children, to come to their home and meet Mr. Klone, with matrimony in view. Mr. Klone called upon her four times at this place in the next few weeks, and told her at once frankly that he was a widower and looking for a wife. The parties met a fifth time, two weeks before the marriage, at the home of her daughter on a farm near Polk, where she had been staying, and once again when Mr. and Mrs. Brott took her to see the ten-room, all-modern home where Mr. Klone lived in York. Mr. Klone went out to her daughter's near Polk, and they had a few minutes' visit alone that evening. He remained over night and at 7 o'clock the next morning, August 4, 1915, they left for Seward to be married.
At noon they stopped at York on their way from Polk to Seward, and went to the office of W. L. Kirkpatrick, attorney for Mr. Klone, and there the antenuptial contract, which had been most carefully prepared, was read to both parties, and signed, and acknowledged by the county judge, who came over from the courthouse for that purpose. This very complete antenuptial contract lists all of the property of Mr. Klone, consisting of 160 acres in Washington county, Colorado, valued at $1,500, 400 acres of York county land, valued at $60,000, and a one-third interest in the dwelling in York at $3,000, and also $5,000 worth of personal property, thus itemizing his total property holdings at the value of $69,500.
The contract gave to the prospective wife this quarter-section of Colorado land, which was deeded to her that day by her intended husband, and in consideration of marriage, and set out that the parties " contemplate said marriage for the sole purpose of establishing a home of their own wherein they may have the convenience, comfort and companionship of each other, but they do not, by said marriage, intend to endow or confer upon each other any of the usual interests, estates, and marital rights in the property and estate of each other." They lived together at York for 17 years, 5 months, Mr. Klone dying January 5, 1933, when about 90 years of age.
Mrs. Klone now makes a post-mortem attack upon this antenuptial contract, and attempts to set it aside for the reason that it is unconscionable, unfair, inequitable, and fraudulent, that she had no opportunity to consult with any one who could advise her, that it failed to make adequate provision for her during widowhood, and that the provisions for her are grossly disproportionate to the wealth of said Hermon H. Klone.
Mr. Klone sold her Colorado land and placed the proceeds, $2,000, in a certificate of deposit for her, and she still has left of this certificate of deposit of $1,160. He gave her a present at one time of another certificate of deposit for $1,000, which she invested in a small home at Polk, and under his will she is to receive $1,500 in cash, making a total of $4,500.
The testimony discloses that Attorney Kirkpatrick ad vised Mr. Klone that his property should all be set out in the contract and given high values, and that the property he was giving his intended wife should be listed at a low value, which was done. Mr. Klone had sold none of his real property, and at his death his estate was appraised as follows: Real estate, $26,350; personal property, $9,636.88; total $35,986.88, which was much less than it was valued in the contract, while her Colorado land sold for 33 1/3 per cent. more than it was listed for in the contract. There was, therefore, without any question a full disclosure in the antenuptial contract of all of his holdings, with an extremely high value placed on all of it.
The real property was all accumulated by Mr. Klone, with the assistance of his first two wives and the 14 children. The only increase in his property after his third marriage was in his personal property. However, Mrs. Klone testified on direct examination that she had no idea that he had certificates of deposit in his bank box of $1,500 and $4,900 until after his death, as he was a very thrifty German and always led her to think he was mighty short of funds, and thereby induced her to rely upon her own funds in many instances.
In his will Mr. Klone gave each of his ten daughters only the sum of $300, while to his son Fredrick he gave $1,500, to his son Frank, $2,000 and a farm, to his sons Philip and Hermon, Jr., each a farm, the latter son having died June 20, 1926, after the codicil was written, leaving four girls, three being still minors at the time of the trial.
Mrs. Klone testified that at the time of signing the marriage settlement she knew nothing whatever about Mr. Klone or his property. However, the evidence discloses that H. W. Brott, who brought them together, was interested in Mrs. Klone, as his daughter had married Mrs. Klone's son, and that Mr. Brott had been sheriff, member of the county board and of the city council, and a bank director, and was engaged in the real estate business and posted on farm values, and when Mrs. Klone had these visits at the home of Mr. Brott, who sent for her to meet Mr. Klone with the idea of marriage, she had a well-informed friend at hand, from whom she could have acquired full information as to values of real estate.
She testified that she had known H. G. Hopkins, county judge, very well for 40 years, and they used to go to the same church, and the county judge testified that he knew her, but could not remember of ever speaking to Mr. Klone until the noon he was called over to take their acknowledgments to the antenuptial contract. The contract itself sets out that it " has been carefully read and explained to the parties, and each of them, by the said H. G. Hopkins; " so that she had one in whom she had confidence at hand, who could have explained any detail in the contract before she signed it. W. L. Kirkpatrick testified that Judge Hopkins read it to her, and then he asked whether she had any questions, and her reply was: " It isn't necessary, that's the agreement I have with Mr. Klone, anyhow I understand it."
In the first opinion in this case, 129 Neb. 130, 260 N.W. 918, it is set out that certain things are essential to support the validity of an antenuptial contract: First, they must be fairly entered into; second, the terms must be just and reasonable; third, the property provided for the prospective spouse must bear a just and reasonable proportion to the estate of the prospective husband; fourth, the husband must make a full disclosure as to his property.
The reargument upon this case, and the discussion at consultation between the members of this court, have led us to doubt the soundness of the holding that the property provided for a prospective spouse must bear a just and reasonable proportion to the estate of the other spouse.
This court first announced this holding in the case of In re Estate of Enyart, 100 Neb. 337, 160 N.W. 120, to the effect that, if the provision made for an intended wife was grossly disproportionate to the interest in the husband's estate which the intended wife would acquire by operation of law, it placed the burden upon those claiming the validity of the contract to show that a full and fair disclosure was made of the value of his estate as well as of the value of the estate which she was relinquishing, and this brings us to an examination of the opinion in the case of In re Estate of Enyart, supra.
Captain Logan Enyart owned property worth $225,000. His first wife, by whom he had no children, died in March 1896. When he came from his large farm to Nebraska City he always made his headquarters at the Grand Hotel, conducted by Mr. and Mrs. Kidd, who were very good friends of his, so much so that he often ate at the family table, where he was introduced to Mrs. Richardson by Mrs. Kidd in June, 1897. This woman had a daughter...
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