Wilkinson v. Wilkinson

SARTAIN, Judge.

This is an appeal by plaintiff-appellant from judgment pertaining to a property settlement incidental to suit for separation and divorce. The trial judge found in favor of defendant holding a prenuptial marriage agreement governing the personal property of the parties absolutely null and further awarding attorney fees and costs against plaintiff. We reverse for reasons stated herein.

On November 25, 1960, George H. Wilkinson, plaintiff herein, and Betty Ann David, defendant herein, entered into a prenuptial marriage agreement stating that it was their intention to remain…