Kistler v. Ernst

• Decision Date: 11 February 1899
• Docket Number: 11095
• Citation: 56 P. 18,60 Kan. 243
• Parties: N. D. KISTLER, Administrator of the estate of Henrietta Ernst, deceased, v. JOHN ERNST
• Court: Kansas Supreme Court

56 P. 18

60 Kan. 243

N. D. KISTLER, Administrator of the estate of Henrietta Ernst, deceased, v. JOHN ERNST

No. 11095

Supreme Court of Kansas

February 11, 1899

Decided January, 1899.

Error from Atchison district court; HENRY L. ALDEN, judge.

Judgment affirmed.

W. F Guthrie, for plaintiff in error.

H. C Solomon, for defendant in error.

OPINION

SMITH, J.:

The admitted facts in this case are as follows: On July 16, 1891 John Ernst, a widower, and Henrietta Juencke, a widow, both of Atchison county, entered into an antenuptial agreement in writing, and immediately thereafter were married to each other. At that time Ernst owned more than 500 acres of land in Atchison county and considerable personal property. Mrs. Juencke owned a half interest in forty acres of well-improved farm land near Atchison, which she at the time supposed she owned absolutely, and a large amount of personal property. Mr. Ernst had a number of children by a former marriage living near and with him; and Mrs. Ernst a sister, toward whom she was very affectionately disposed. The parties to the antenuptial agreement had no children by their marriage. Mrs. Ernst died on August 14, 1896, leaving Mr. Ernst her sole heir unless he is excluded by the terms of the antenuptial agreement.

Mrs. Ernst's estate at the time of her death was in the hands of a guardian, appointed because of her insanity, occurring subsequent to the marriage, and was by such guardian turned over to the plaintiff in error, Kistler, as administrator of her estate. The debts of the estate were substantially all liquidated at the time these proceedings were commenced, the net assets in the hands of the administrator being about $ 4000. Mr. Ernst, as primarily sole heir, claiming not to be barred by the antenuptial agreement, applied to the probate court for an order on the administrator to turn over the funds to him as sole distributee, tendering a bond with sufficient sureties, as provided by the statute. The probate court held that he was barred of any interest in the estate by the antenuptial agreement, and denied his application. He appealed. The application was tried de novo in the district court, and judgment rendered in favor of Ernst, ordering the administrator to turn over to him the estate upon the giving of a bond.

The agreement between the parties was as follows:

"This agreement, made and entered into this 16th day of July, A. D 1891, by and between John Ernst and Henrietta Juencke, both of Atchison county, Kansas,

"WITNESSETH that whereas, said parties have respectively promised and agreed to marry each other, now, in consideration of said promise to marry each the other, said parties do make and enter into the following antenuptial agreement, that is to say, it is mutually agreed that said John Ernst shall have, hold, keep and retain all of the property which he now has or may hereafter acquire, whether real, personal, or mixed, and wherever situate, as his sole, exclusive and absolute property, free from all claims, rights and interest of his said intended wife, with the right on his part to, by gift, sale, will, or devise, dispose of the same in such manner and to such persons as he may desire, the said Henrietta Juencke hereby consenting to such disposition of all such property as fully in all respects as if the same should be by will devised by said John Ernst after such marriage and the consent of said Henrietta, then being his wife, indorsed in writing thereon; and that said Henrietta Juencke shall have, hold, keep and retain all of the property which she now has or may hereafter acquire, whether real, personal, or mixed, and wheresoever situate, as her sole, exclusive and absolute property, for her separate use and benefit, free from all claims, rights and interest of her said intended husband, John Ernst, with the right on the part of the said Henrietta to, by gift, sale,...