Kirk v. Kirk

Opinion by

Mr. Justice Linn,

This appeal is from a decree declaring that a conveyance of real property made by Oliver Kirk to his two sons (children by his first marriage) ■ “is in fraud of the marital rights of Emily A. Kirk, widow of said Oliver Kirk, and is therefore void as to her.”

Oliver Kirk, aged 69, married plaintiff, aged 53, on February 16, 1935, having become engaged to her November 20, 1934. He died October 29, 1937. At the time of the engagement Mrs. Kirk knew of Mr. Kirk’s ownership of the real estate in question; she did not know, until after the marriage, that on February 13,…