McMinimee v. McMinimee

(dissenting) — I respectfully dissent.

This case is a follow-up of McMinimee v. McMinimee, 238 Iowa 1286, 30 N. W. 2d 106. At the time the former case was before us, the probate proceedings were still pending in the probate court. While the majority opinion therein conceded that the antenuptial agreement constituted a waiver by Myrtle McMinimee, surviving spou.se, of all rights under section 636.5 (dower), section 636.7 (dower to embrace homestead), section 636.21 (dower right unaffected by will), and section 561.12 (life possession in lieu of dower), it held that irrespective of the above…