Fisher v. Koontz
Supreme Court of Iowa
Appeal from Monroe District Court. — Hon. F. W. Eichelberger, Judge. Action by the plaintiff, as widow of T. J. Fisher, deceased, to have her distributive share in certain real estate of which he died seized set apart to her.
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Appeal from Monroe District Court. — Hon. F. W. Eichelberger, Judge. Action by the plaintiff, as widow of T. J. Fisher, deceased, to have her distributive share in certain real estate of which he died seized set apart to her. The administrator and heirs set up in their answer the executiotai of an ante-nuptial contract by the terms of which the plaintiff had agreed that she should “not have, as wife or widow, any interest of any kind, by way of ownership; in any property, real or personal, now owned by Thomas J. Fisher.” In her reply the plaintiff averred that, this contract was procured…
1Opinion of the CourtLadd, J.
1 *5002 3 4 *499The plaintiff and the deceased were married August 31, 1893, she then being forty-tw« and he sixty-eight years of-age, and they lived together until his death, in 1897. Prior to their marríiage, a contract was entered into by them, whereby she was to acquire no¡ interest in his property. That such a, contract is binding is well settled. Jacobs v. Jacobs, 42 Iowa, 600; Ditson v. Ditson, 85 Iowa, 276; Peet v. Peet, 81 Iowa, 172. Fisher then owned property of the estimated value of over twelve thousand dollars. No provision whatever was made for his wife, *500nor did lie waive bis prospective…
2Cases cited23 opinions
- Pierce v. . PierceNew York Court of Appeals · 1877
- Spurlock v. BrownTennessee Supreme Court · 1892
- Harlan v. HarlanSupreme Court of Iowa · 1897
- Devin v. HimerSupreme Court of Iowa · 1870
- Martin v. MartinSupreme Court of Iowa · 1884
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3Cited by32 opinions
- Seuss v. SchukatIllinois Supreme Court · 1934
- In Re the Marriage of SpiegelSupreme Court of Iowa · 1996
- O'Dell v. O'DellSupreme Court of Iowa · 1947
- Rieger v. SchaibleNebraska Supreme Court · 1908
- Britven v. BritvenSupreme Court of Iowa · 1966
27 more not listed; retrieve them via the Exa API.