Popham v. Duncan

Charles M. Duncan died intestate. The defendant in error, his third wife, survived him. The plaintiff in error was appointed administrator of his estate. The widow petitioned the court for an order requiring the administrator to pay her the widow’s allowance under the statute. The administrator resisted her petition, and set up an antenuptial contract as a bar to the claim for an allowance. The alleged antenuptial contract is as follows:

“This agreement made and entered into this sixteenth day of December, 1924, between Charles M. Duncan, physician, party of the first part, and Mrs. Hattie E.…