Koch v. Koch
Michigan Supreme Court
Appeal from Wayne; Frazer, J. Bill by Louis Koch, executor of the last will and testament of Felix Koch, deceased, and others, against Katherine G. Koch, to enforce the specific performance of an antenuptial contract. From a decree for complainants, defendant appeals. Complainants are heirs and sole devisees, and the defendant the widow, of Felix Koch. In his will he left nothing to his wife. She filed a petition to secure her rights as a widow in his property.
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Appeal from Wayne; Frazer, J. Bill by Louis Koch, executor of the last will and testament of Felix Koch, deceased, and others, against Katherine G. Koch, to enforce the specific performance of an antenuptial contract. From a decree for complainants, defendant appeals. Complainants are heirs and sole devisees, and the defendant the widow, of Felix Koch. In his will he left nothing to his wife. She filed a petition to secure her rights as a widow in his property. Complainants thereupon filed this bill to enforce the specific performance of the following antenuptial contract, executed January 7,…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. At the time of the marriage, Mr. Koch was 57 years old, and defendant 52. He had 8 children by his first marriage, the youngest of whom was then 10 years old, and one was weak-minded. She had been married twice; had three children by her first husband, and one by her second. They werq of full age. Her first husband died. From her second she was divorced. She had known Mr. Koch but six weeks before she married him. It was not a marriage of love, but of convenience. Soon after his wife died, he went to defendant with a view to employ her as his housekeeper. She…
2Cases cited4 opinions
- Taft v. TaftMichigan Supreme Court · 1886
- Pennington v. PenningtonMichigan Supreme Court · 1889
- McCullough v. DayMichigan Supreme Court · 1881
- Connor v. BuhlMichigan Supreme Court · 1898
3Cited by6 opinions
- In Re Benker EstateMichigan Supreme Court · 1982
- Richard v. Detroit Trust Co.Michigan Supreme Court · 1934
- Carr v. LyleMichigan Supreme Court · 1901
- In re Jeannot's EstateMichigan Supreme Court · 1920
- Counts v. BenkerMichigan Supreme Court · 1982
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