Counts v. Benker

Introduction

The issue presented in this case is whether the probate court erred in invalidating an antenuptial agreement which totally eliminated the widow’s marital interest in her husband’s property, by recognizing a presumption of non-disclosure of assets against the decedent husband under the following facts.

The specific facts which gave rise to the presumption of non-disclosure are 1) the lack of any provision for the widow in the agreement, 2) the deceased husband’s very ample estate compared to the widow’s, 3) the modest lifestyle of the decedent *684husband and the lack of any outward…