In re the Estate of Zach

As the majority notes, a party seeking to invalidate an antenuptial agreement has the burden of coming forward with evidence demonstrating fraud. Such fraud will not be presumed "in the absence of proof of facts from which concealment or imposition may reasonably be inferred * * * [s]uch a presumption must have as its basis evidence of overreaching — the concealment of facts, misrepresentation or some form of deception” (Matter of Phillips, 293 NY 483, 491).

However, the Court of Appeals, in Phillips (supra), found that the Surrogate properly upheld an antenuptial agreement only after trial of…