Southern Ohio Savings Bank & Trust Co. v. Burkhart

Does the former wife have a valid claim against the estate of her former husband? More specifically, is she entitled to the performance of the breached antenuptial contract?

Counsel and the lower courts are agreed that this is a question of first impression in this state.

In some instances, especially in the early English cases, courts of equity have specifically enforced articles for marriage settlements by a husband, although the wife after the marriage eloped and lived in adultery. 13 Ruling Case Law, 1033, Section 53; 26 American Jurisprudence, 903, Section 303; 6 L. R. A. (N. S.), 785; 41…