Babb v. Babb

David Newbern, Judge.

The main question on this appeal is whether an antenuptial agreement is valid. The agreement was sustained in the lower court and was held to prevent the appellant from electing to take her statutory widow’s allowance against the will of her deceased husband. We affirm because we agree with and find evidence of record to support the court’s conclusion there was no fraud or misunderstanding with respect to the agreement and it does not violate public policy.

Vola McDonald was 57 and Dain Babb was 50 when they married in 1963. Both had been previously married. Vola, the…