Shinn v. Schaal

The opinion of the court was delivered by

FISHER, JAD.

In this appeal, we consider, among other things, whether the trial judge properly invoked the doctrine of equitable estoppel in order to enforce plaintiff Stacey Shinn’s premarital waiver of an elective share to the estate of her late husband, Edward Shinn, IV, which, in the circumstances, was otherwise rendered unenforceable by N.J.S.A. SB-.8-10 and N.J.S.A. 87:2-38. Because “equity follows the law,” the doctrine of equitable estoppel should not have been utilized to override the Legislature’s declaration that a premarital agreement, which…