Jacobsen v. Cleveland Trust Co.

The defendant, Dorothy Ruth Bartone, has moved to dismiss the petition for the reason that the question involved is moot and, therefore, not cognizable by this court.

The petition is one seeking cancellation of an antenuptial agreement between plaintiff surviving spouse and her deceased husband. The agreement is annexed to the petition and contains the usual provisions whereby the plaintiff expressly disclaimed all right to share in her husband’s estate upon his death. It also releases her right to her widow’s allowance and exemptions.

Defendants’ claim is that even were relief afforded…