Brenner v. Gauch

Appellant filed her petition in the county court for the appointment of appraisers, to appraise and set off to her, out of the estate of her deceased husband, what in our statute is called the “ widow’s award.”

The county court allowed the petition, and the executor appealed to the circuit court, where judgment was rendered against the application.

The decision of the circuit court was made on demurrer to the petition.

The only question presented to this court is, whether the right of the widow in this regard is, or is not, cut off by an ante-nuptial agreement, which is set out in the petition.

On…