Herr v. Herr
North Dakota Supreme Court
Appeal from a judgment of the District Court of McIntosh County, F. P. Allen, J. An intended wife may, by an antenuptial agreement, release her claim or right to the statutory allowance given to widows out of their deceased husband’s estate. 13 R. C. L. 1013; Kroell v. Kroell, 219 111. 105; Houghton v. Houghton, 14 Ind. 505; Rieger v. Schnaible, 81 Neb. 33. The homestead right of one spouse in the real estate of the other, on the latter’s death, may he barred by antenuptial…
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Appeal from a judgment of the District Court of McIntosh County, F. P. Allen, J. An intended wife may, by an antenuptial agreement, release her claim or right to the statutory allowance given to widows out of their deceased husband’s estate. 13 R. C. L. 1013; Kroell v. Kroell, 219 111. 105; Houghton v. Houghton, 14 Ind. 505; Rieger v. Schnaible, 81 Neb. 33. The homestead right of one spouse in the real estate of the other, on the latter’s death, may he barred by antenuptial contract. 13 R. C. L. 1014; Appleby v. Appleby, 100 Minn. 408. If the husband was induced to contract the marriage on…
1Opinion of the CourtGrace, J.
This is an action to determine the validity of the judgment appealed from, which set aside to Susanna Munsch Herr, the widow of Jacob Herr, Sr., certain exemptions in the sum of $1,500 claimed under Comp. Laws 1913, § 8725.
The material facts, briefly stated, are as follows':' Jacob Herr, Sr., died at Wishek, McIntosh county, North Dakota, on the 11th day of December, 1916. At the time of his death he was a resident of that county, and owned real and personal property therein, which, according to the appraisement thereof in the probate proceedings had, aggregated the sum of $48,000; and the…
Also in this document: Concurrence.
2Cases cited3 opinions
- Swingle v. SwingleNorth Dakota Supreme Court · 1917
- Krumenacker v. AndisNorth Dakota Supreme Court · 1917
- Fischer v. DolwigNorth Dakota Supreme Court · 1918
3Cited by9 opinions
- Binek v. BinekNorth Dakota Supreme Court · 2004
- Somerville v. SomervilleSouth Dakota Supreme Court · 1936
- In Re Rossiter's EstateSupreme Court of Oklahoma · 1942
- State v. MoralesNorth Dakota Supreme Court · 2004
- Charlson v. CharlsonNorth Dakota Supreme Court · 1924
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