Knapp v. Knapp

• Decision Date: 31 May 1893
• Citation: 95 Mich. 474,55 N.W. 353
• Court: Michigan Supreme Court
• Parties: KNAPP v. KNAPP.

55 N.W. 353

95 Mich. 474

KNAPP v. KNAPP.

Supreme Court of Michigan

May 31, 1893

Appeal from circuit court, Genesee county; in chancery; William Newton, Judge.

Injunction by William M. Knapp, executor of John Knapp, deceased against Emily Knapp, to restrain her from claiming any portion of decedent's estate as his widow. From a decree for defendant, complainant appeals. Affirmed.

Durand & Carton, for appellant.

Gold &amp Johnson, for appellee.

HOOKER, C.J.

The facts in this cause, briefly stated, are as follows: John Knapp and his wife, Emily, resided in Wisconsin, and on February 29, 1885, executed the following contract upon an agreement to separate: "Whereas, my husband, John Knapp of Princeton, Wisconsin, has this day secured me the payment of $2,800 by his note and mortgage upon his farm, which sum so secured I hereby acknowledge my fair and just part of the property which we have and hold: Now, therefore, in consideration of the said sum so secured, I do hereby release to him, the said John Knapp, all claim, title, and interest in the property owned and possessed by the said John Knapp and I hereby waive all claim which I may have as the widow of said John Knapp (if I shall survive him) by or under the laws of the state of Wisconsin; and in case of a legal separation between the said John Knapp and myself, the sum so secured by him I hereby accept in lieu of alimony, support, and all other expenses, except I am to have just and liberal support until the 10th day of June next; and, further, I am to have one-half of the beds and bedding in the house, and such few dishes as I may choose to take. Witness my hand and seal this 9th day of February, 1885. Emily X Knapp. In presence of John Sullivan, George D. Waring." The mortgage was delivered to Emily, and the parties separated. Proceedings for divorce were commenced September 28, 1885, by the husband, and proofs were taken, but the cause was discontinued in April, 1886. Subsequently the parties met in Michigan, and "lived and kept house by themselves together in Davison for a few weeks," when they again separated. The husband afterwards made a will, leaving his property, consisting of between one and two thousand dollars' worth of personal property, to some nephews and nieces, to the exclusion of his wife, stating in the will, as a reason for making no provision for her, that she had already received the larger portion of his estate. William Knapp, the complainant, was one of the legatees, and was appointed executor of the will. The widow having asserted her claim to an allowance and a distributive share of her husband's estate, the executor filed his bill in the circuit court, in chancery, praying that she be enjoined from claiming any portion of said estate, and upon dismissal of his bill he appealed to this court.

It may be doubted whether the contract precludes her...