Herzog Estate v. Gary

Petitioner and appellant, Florence Herzog, brings this appeal from a summary judgment entered by the district court of Gallatin County denying the relief sought in her petition for determination of heirship.

Florence T. Herzog and Rudy G. Herzog, deceased, executed an ante-nuptial agreement on August 18,1970, and were married the same day. The Herzogs were married but estranged when Rudy Herzog died, fourteen months later. The ante-nuptial agreement provided that the wife would be made beneficiary of a life insurance policy in the amount of $20,000 so long as the parties were married; that the…