Bailey v. Milligan

This is a petition for instructions by the trustees under the will of Theodore Parker Harding. The will was made in October, 1911, in anticipation of marriage, and on the same date an antenuptial agreement with Helen L. Bott, who afterwards became his wife, was executed. Two children were born of the marriage, one in 1912, and the other in 1914, both of whom are living.

When these instruments were executed the testator had approximately $110,000. The husband and wife became estranged in 1913, and the testator at about that time gave to his sister, Marion I. Harding, $90,000. He died April 27,…