Robinson's Estate
Supreme Court of Pennsylvania
Appeal, No. 78, Jan. T., 1908, by Helen O. Robinson, from decree of O. O. Phila. Co., July T., 1906, No. 287, dismissing exceptions to adjudication in Estate of Joseph B. Robinson, deceased. Exceptions to adjudication. From the record it appeared that on October 2, 1902, Joseph B. Robinson was married to Helen M. Clawson.
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Appeal, No. 78, Jan. T., 1908, by Helen O. Robinson, from decree of O. O. Phila. Co., July T., 1906, No. 287, dismissing exceptions to adjudication in Estate of Joseph B. Robinson, deceased. Exceptions to adjudication. From the record it appeared that on October 2, 1902, Joseph B. Robinson was married to Helen M. Clawson. Prior to the marriage an antenuptial contract had been executed and acknowledged by the parties under which Mrs. Robinson was to receive $26,000 in consideration of her releasing all claims of dower and other rights in her husband’s estate. The sum of $25,000 was…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
Antenuptial contracts are not inherently fraudulent nor is there any such presumption. They require good faith, but fraud is not presumed in them any more than in other cases. There must be some evidence of gross disproportion or other fact from which fraud may be inferred before the onus changes. As said by the learned judge below: “ The sum given in the present case was an outright gift; the wife took no chance; she Avas provided for in any and every event; whether her husband died rich or poor, Avhether he or she survived, was to her, so far as her…
2Cited by12 opinions
- Kaufmann EstateSupreme Court of Pennsylvania · 1961
- Lock EstateSupreme Court of Pennsylvania · 1968
- McCready's EstateSupreme Court of Pennsylvania · 1934
- Snyder EstateSupreme Court of Pennsylvania · 1953
- Barnhart v. BarnhartSupreme Court of Pennsylvania · 1954
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