In re the Estate of Simms

Petitioner Eva Jankowitz is a niece by the half blood of decedent Albert I. Simms. Her father and Simms were half brothers. The question in the case is whether an antenuptial agreement between them, followed by a religious solemnization of marriage which conformed with the canons of the Jewish faith but which has been held void in a matrimonial action brought in his lifetime by the decedent, remains an enforceable contract. By it the decedent undertook to bequeath $25,000 to petitioner.

The matrimonial judgment declaring the marriage void was based on section 5 (subd. 3) of the Domestic…