Campbell v. Prater

OPINION

Kimball, Justice.

The case requires a decision as to the binding effect of the postnuptial promise of a husband to waive and relinquish his “optional” right as surviving spouse under a statute, now § 6-301, C. S. 1945, formerly § 6667, C. S. 1920, § 88-101 R. S. 1931.

Plaintiff is the executor of the will of Nellie Campbell Prater, who died in 1945; defendant is the surviving husband of the testatrix. The will deprives the husband of more than one-half of the wife’s property. The testatrix is not survived by any child. The statute, cited above, by an amendment of 1915, provides that in…