Estate of Fleischmann v. Fleischmann

CRANDALL, Judge.

Plaintiff, the personal representative of the estate of Josephine A. Fleischmann (wife), brought this action against the personal representative of the estate of Marcus J. Fleischmann (husband), who predeceased wife. Plaintiff appeals the judgment of the trial court, in a court-tried case, which held that certain personal property of husband did not pass to wife pursuant to his will. We affirm in part and reverse and remand in part.

Husband and wife were near retirement age when they married in 1964. Prior to their marriage, they executed an antenup-tial agreement which…