Lathrop v. Myers

THOMPSON (IRA F.), J.

This is an appeal from an order granting a family allowance to the widow of deceased. The appeal is taken by the residuary legatee under deceased’s will, who is a daughter of the latter by a former marriage. No children were born of the second marriage. The appeal is based upon an antenuptial contract executed in the state of Iowa by the deceased and respondent, the material portions of which read as follows:

“ ... [I] t is hereby agreed that each of said parties to this Ante-Nuptial Contract hereby agrees to waive, and does hereby waive, all and every right whatsoever…