In Re Benker Estate

416 Mich. 681 (1982)

331 N.W.2d 193

In re BENKER ESTATE

COUNTS

v.

BENKER

Docket No. 65387, (Calendar No. 9).

Supreme Court of Michigan.

Argued June 3, 1981.

Decided December 23, 1982.

Faintuck, Shwedel, Wolfram, McDonald & Zipser (by John J. McDonald) for the plaintiff.

Leib & Leib (by Jeffrey M. Leib) and Gregory Gelfand (of counsel) for the defendant.

WILLIAMS, J.

INTRODUCTION

The issue presented in this case is whether the probate court erred in invalidating an antenuptial agreement which totally eliminated the widow's marital interest in her husband's property, by recognizing a presumption of…