Hempe v. Hempe

Defendant appeals from a declaratory judgment which determined that: (l)a property settlement agreement entered into between defendant and her husband (now deceased) in contemplation of divorce was a valid contract and constituted a complete determination of defendant’s property rights arising out of the marriage, and (2) because defendant had received all she was entitled to under the agreement, she was estopped from asserting any right to inherit from her husband, who died intestate prior to the entry of a decree of dissolution. Because this proceeding is essentially equitable in nature, we…