Matter of Estate of Meyers

ALMA WILSON, Justice.

We are today asked to consider the operation and effect of an uncontested antenup-tial agreement to waive or bar a contracting spouse’s subsequent adverse claim to a probate homestead and probate allowance as against present vestment of the deceased spouse’s separate property in the decedent’s testamentary heirs.

The facts before us establish that on January 14, 1983, Charles Meyers (Decedent), an eighty-one year old widower, executed his Last Will and Testament. Decedent directed that following his death, all of the property, real, personal or mixed, of which he died…