Atkins v. Atkins' Administrator

Opinion of the Court by

Sandidge, Commissioner

Reversing.

On the 6th day of April, 1910, J. J. Atkins, a widower, and Mrs. S. H. Johnson, a widow, in contemplation of marriage, entered into a written antenuptial contract. Shortly thereafter they married and from then until her death some time in the year 1923 they lived together as husband and wife in her home in Elkton, Kentucky. After the marriage Mrs. Atkins made and published a last will and testament. When her will was probated, the executors nominated by it declined to qualify and D. M. Butler qualified as her administrator with the will…