Smith v. Smith

Opinion of the Court by

Judge Sims

Affirming in part, reversing in part.

These two appeals have been heard together and both will be disposed of in this opinion.

At the time John and Ida Smith married on Nov. 30, 1910, he was a widower past 50 years of age and she was just a few months under 21. He was the father of six children and possessed an estate of about $23,000, while it was her first marriage and she had no property. On Nov. 25, 19.10, they entered into a prenuptial contract by which the wife, in case she survived her husband, was to receive $2,000, the household goods and was to have a…