Madison Bank & Trust Co. v. Beat

Two issues are presented by the contest over the postnuptial agreement:

First: Is the postnuptial agreement valid ?

Second: May the widow elect under sec. 233.12, Stats., to take her share as provided by law rather than by the post-nuptial agreement ?

Validity of Postnuptial Agreement.

Postnuptial agreements are permitted in Wisconsin. Nevertheless, the trial court found this agreement to be “void and of no legal effect” specifically finding:

“8. That the said petitioner, Helen Docken Beat, was persuaded by the decedent to sign the marital agreement dated March 9, 1959, without knowledge or effect…