Matter of Estate of Burgess

WILSON, Presiding Judge:

At issue in this case is the enforceability of an antenuptial contract between Yahola Burgess and Gladys Cain Burgess. The couple agreed before their marriage that neither would lay claim to the other’s property in the event of divorce or death. Nevertheless, after Mr. Burgess’ intestate death, a dispute arose in probate court between Mrs. Burgess, who sought to have the antenuptial contract invalidated, and Wynema Capps and Marcella Giles, Mr. Burgess’ grown daughters of a previous marriage and the administratrices of his estate.

The trial court, to the daughters’…