Shirley v. Johnson

This case involves two questions: first, Did the widow, by the antenuptial agreement, preclude herself from later claiming under her husband’s will? Second, Did the testator intend that the bequests in his will were to be in lieu of, or in addition to, the $1,000 due under the antenuptial agreement?

It is not necessary, in establishing an answer to the first question, to determine whether it is within the realm of legal possibility for an antenuptial contract, as a matter of law, to disable the husband from giving, and the wife from taking, a subsequent gift by will, either in substitution for…