Stephens v. Stephens

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

This appeal involves the validity of an ante-nuptial contract between John F. Stephens and Sarah E. Stephens, formerly Sarah E. Martin, by the terms of which they agreed that neither was to have any interest in the estate of the other by reason of the contemplated marriage, unless Sarah should survive her husband, in which event she was to have the sum of $1,000.00, in lieu of her dower and distributable share of his estate. The question arises in the following way: Upon the death of John F. Stephens his widow, Sarah E.…