Battin v. Merchants State Bank

This appeal involves the right of the appellant, the surviving husband of Rebecca Battin, deceased, to the interest and share in her estate allowed by law to a surviving spouse. Prior to her marriage to appellant, the deceased was a widow, and her name was then Walker. The appellees are the executor of her estate and her children by the former marriage, who are her heirs at law and the sole legatees under her will.

The case turns upon the validity of an alleged antenuptial agreement, or the proof of such an agreement, between appellant and the deceased. If there is no antenuptial agreement or…