Charlson v. Charlson
North Dakota Supreme Court
Equitable action in District court, Williams county, L,owe, J-. to set aside ante-nuptial and post-nuptial agreements and the final decree in an estate. The plaintiff has appealed from an .order sustaining a demurrer to the complaint. “In a proceeding for the administration of the property of a decedent, a county court is without jurisdiction to determine the validity of an ante-nuptial settlement had between deceased and his widow.”
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Equitable action in District court, Williams county, L,owe, J-. to set aside ante-nuptial and post-nuptial agreements and the final decree in an estate. The plaintiff has appealed from an .order sustaining a demurrer to the complaint. “In a proceeding for the administration of the property of a decedent, a county court is without jurisdiction to determine the validity of an ante-nuptial settlement had between deceased and his widow.” Wilson v. Wilson, 132 Pac. 67. “Ante-nuptial agreements made prior to marriage between the parties about to be married, concerning and representing their…
1Opinion of the Court
Statement.
Bronson, J.
This is an equitable action to invalidate antenuptial and postnuptial agreements and to set aside a final decree in the estate of a deceased person. The plaintiff, the widow, has appealed from an order sustaining a demurrer to the complaint.
The facts, appearing in the complaint, and necessary to be stated, are as follows: The plaintiff, aged 59 years, married the deceased on February 19, 19x6. Prior thereto she had acted as his housekeeper. On August 15, 1914, a former wife of the deceased had died leaving him *854and five children surviving. In order to obviate objections of…
2Cases cited8 opinions
- Enyart v. EnyartNebraska Supreme Court · 1916
- Fore v. Estate of ForeNorth Dakota Supreme Court · 1891
- Krumenacker v. AndisNorth Dakota Supreme Court · 1917
- Reichert v. ReichertNorth Dakota Supreme Court · 1919
- Warner's EstateSupreme Court of Pennsylvania · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Clooten v. ClootenNorth Dakota Supreme Court · 1994
- Charlson v. CharlsonNorth Dakota Supreme Court · 1924
- Bertsch v. ClootenNorth Dakota Supreme Court · 1924