In re the Estate of Simms

Scileppi, J. (dissenting).

I dissent and vote to affirm for the reasons stated in the opinion at the Appellate Division. I would merely add that unlike the case primarily relied upon by the appellant (Matter of Saffer, 39 Misc 2d 691, affd. 20 A D 2d 849), the parties to the antenuptial agreement in the instant case expressly provided that ‘ ‘ if such contemplated marriage shall not be solemnized * * * this agreement shall become wholly null and void

The marriage having been previously declared a nullity (Simms v. Simms, 31 Misc 2d 882, affd. 16 A D 2d 806), the sole question presented was…