Pajak v. Pajak

• Decision Date: 09 March 1989
• Docket Number: No. 18247,18247
• Citation: 182 W.Va. 28,385 S.E.2d 384
• Parties: Clark W. PAJAK and William J. Pajak v. Audrey D. PAJAK and Anthony Wayne Poore and Christina Ann Poore.
• Court: West Virginia Supreme Court

Page 384

385 S.E.2d 384

182 W.Va. 28

Clark W. PAJAK and William J. Pajak v. Audrey D. PAJAK and Anthony Wayne Poore and Christina Ann Poore.

No. 18247.

Supreme Court of Appeals of

West Virginia.

March 9, 1989.

Dissenting Opinion Filed April 6, 1989.

Syllabus by the Court

1. "The validity of a prenuptial agreement is dependent upon its valid procurement, which requires its having been executed voluntarily, with knowledge of its content and legal effect, under circumstances free of fraud, duress, or misrepresentation; however, although advice of independent counsel at the time parties enter into a prenuptial agreement helps demonstrate that there has been no fraud, duress or misrepresentation, and that the agreement was entered into knowledgeably and voluntarily, such independent advice of counsel is not a prerequisite to enforceability when the terms of the agreement are understandable to a reasonably intelligent adult and both parties have had the opportunity to consult with independent counsel." Syllabus Point 2, Gant v. Gant, 174 W.Va. 740, 329 S.E.2d 106 (1985).

2. For a pre-nuptial agreement to be enforceable, it is not necessary that before the agreement was executed the parties meticulously disclosed to one another every detail of their financial affairs: it is sufficient if the party against whom the agreement is to be enforced had a general idea of the other party's financial condition and there was no fraud or concealment that had the effect of inducing the party to be charged into entering an agreement that otherwise would not have been made.

3. A person seeking to overcome the presumptive validity of a pre-nuptial agreement designed to protect assets for the children of a previous marriage has a heavy burden of proof.

Jolyon W. McCamin, McCamic & McCamic, Wheeling, for Clark & wm pajak.

Ray A. Byrd, Donald J. Tennant, Jr., Shrader, Stamp, Byrd, Brum & Companion, Wheeling, for Audrey Pajak.

H. Brann Altemeyer, Phillips, Gardill, Kaiser, Boos & Harley, Wheeling, for Poore.

NEELY, Justice:

William J. Pajak, Sr., married Patricia Schmidt in 1949, and the couple had two children, Christina and Anthony. The couple were divorced in 1954; the former Mrs. Pajak then married George Poore, who raised Christina and Anthony as if they were his own children. Although George Poore never legally adopted Christina and Anthony, when they came of age they formally changed their names to Poore.

William J. Pajak, Sr., married again in 1963 and sired two more children, Clark and William, by his second wife. Mr. Pajak's second marriage also ended in divorce in 1980. In 1979, before his divorce from his second wife, William J. Pajak, Sr., wrote his last will and testament; under this will he devised and bequeathed all of his property to the appellants, Clark Pajak and William Pajak.

Then William J. Pajak, Sr., married his third wife, Audrey, in 1982, one day after he and Audrey entered into a pre-nuptial agreement by which Audrey waived any and all interests in his estate. William J. Pajak, Sr., died in December, 1985 and the 1979 will was offered for probate.

This case arose when Clark and William, Mr. Pajak's children by his second marriage, brought a declaratory judgment action to declare the respective rights in the estate of Clark and William on one side and Audrey on the other. Anthony Poore and Christina Poore, Mr. Pajak's two children by his first marriage, intervened in the action. Ultimately, the two questions before the circuit court were: (1) whether the 1979 last will and testament of William J. Pajak, Sr., was revoked by virtue of W.Va.Code, 41-1-6 [1975] because of his remarriage; and, (2) whether the pre-nuptial agreement between Audrey D. Pajak and William J. Pajak, Sr., is valid and binds Mrs. Pajak with regard to her claim for a wife's statutory share of Mr. Pajak's estate.

The circuit court held that Code, 41-1-6 [1975] revoked the 1979 will of William J. Pajak, Sr. and, therefore, William J. Pajak Sr. died intestate. ¹ The circuit court also held that the pre-nuptial agreement entered into between Audrey D. Pajak and William J. Pajak, Sr., was valid and binding, and that the agreement barred any claim that Audrey Pajak would otherwise have had on the estate. From this decision Mrs. Pajak appealed to have the agreement set aside, and Clark Pajak and William J. Pajak, Jr., appealed to have the invalidation of the will which allowed Anthony and Christina Poore to inherit set aside. Before argument here the issues between William, Clark, Anthony and Christina were settled; that leaves us, then, only Mrs. Pajak's appeal seeking to avoid the consequences of her pre-nuptial contract.

I.

The pre-nuptial agreement entered into between Mr. and Mrs. Pajak, in its entirety, provides as follows:

THIS AGREEMENT between WILLIAM J. PAJAK, party of the first part, and AUDREY DARLENE HENNEN, party of the second part, this 20th day of August, 1982.

WITNESSETH:

WHEREAS, said parties contemplate entering into the marriage relation with each other; and

WHEREAS, it is the intention of both parties hereto that their marriage shall not in any way change the legal right of children or grandchildren in either of the parties' property from what they are before the marriage; and

WHEREAS, both parties recognize, accept and understand that the party of the first part brings love, affection and worldly goods, and the second party brings love and affection, to the marriage and to each other;

IT IS, THEREFORE, NOW AGREED that for and in consideration of the marriage about to be consummated between the parties hereto, both parties hereto mutually agree:

(1) That the party of the first part will provide and maintain a home for the party of the second part at 21 Arlington Drive, Howard Place, Wheeling, West Virginia, and/or elsewhere, as the parties may agree;

(2) That the party of the first part, in the event he survives the party of the second part, will make no claim to any part of said second party's estate, as her surviving husband, other than that which may be bequeathed him in said second party's will; that the party of the first part waives and relinquishes all his right of statutory dower, or any other, in and to any real estate of which the party of the second part may die seised, and any and all right to her solely owned personal estate, as her surviving husband;

(3) That the party of the second part similarly agrees, in the event she survives the party of the first part, she will make no claim to any part or share of the real or personal estate of which the party of the first part, dies seised, other than that as may be bequeathed her in said first party's Will; that said party of the second part expressly waives and relinquishes all claims to dower, homestead, statutory or other right available to a widow, in and to the real and personal estate of which the party of the first part may die seised and possessed.

(4) IT IS MUTUALLY DECLARED by said parties to be, and it is their intention, that neither party, solely by virtue of said marriage, shall have or acquire any right, title or claim, statutory or other, in and to the real or personal estate of the other, with the same effect as though no marriage had taken place between the parties to this agreement; and that the estate of each shall descend to and vest in his or her respective heirs-at-law, legatees, or other devisees, excepting as may otherwise be provided by and in his or her last Will and Testament.

(5) IT IS FURTHER MUTUALLY AGREED that, in case either of the parties desire to mortgage, or sell and convey his or her separate real or personal estate, if any, each will join in the deed of conveyance, deed of trust and note, or other, as may be necessary to make the same effectual. In the event a purely business transaction involving corporate or individually-owned business, real or personal property, requires the signature of both to consummate, then each agrees to affix his or her signature thereto, without more.

(6) IT IS FURTHER AGREED that this agreement is entered into by each party with the full knowledge on the part of each as to the extent and probable value of the estate of the other and of all the rights conferred by law upon each in the estate of the other by virtue of said proposed marriage. It is their desire, intent, and they hereby agree, in consideration of their marriage, that their respective rights in and to each other's estate as determined by law shall, in lieu thereof, be determined and fixed by this agreement, and shall be, and is, binding upon them and their respective legal heirs, successors and assigns.

(7) In view of the premises, it is further agreed by and between both parties hereto as follows:

(A) The parties hereto are fully cognizant of the business interests of the party of the first part; that each of said parties will join the other, without more, in each and every contract of any kind or nature which may require both signatures to consummate; the party of the second part recognizes that the first party is about to open another branch of Carolina Furniture and that whatever financial arrangements need be made, that the party of the second part will join promptly in them as and when required.

(B) The parties hereto will reside in 21 Arlington Drive, Howard Place, Wheeling, West Virginia, or elsewhere, as they may determine from time to time. The property and its contents now stand in the name of the party of the first part. It is understood and agreed by and between the parties hereto that this real estate, and its contents, unless earlier sold or otherwise transferred, will be disposed of as provided in the Will of the party of the first part in existence at the time of his death.

(C) Both parties have heretofore executed their separate personal respective Wills. The parties hereto agree that:

(1) Either party reserves the right to alter the terms of his or her present Will at any time, and...