Martin v. Farber

GILBERT, Chief Judge.

We are asked to determine 1) whether an antenuptial agreement entered into by Morris W. Farber and Nettie Sue Farber in 1939 is still valid and enforceable; and 2) whether the imposition of a constructive trust on the estate of Nettie Sue Farber was proper.

Three days prior to their marriage on June 22, 1939, Nettie Sue Farber, then Nettie Sue Goldberg, and Morris W. Farber entered into an antenuptial agreement. The agreement provided, in essence, that Mrs. Farber would retain sole control of the property she acquired either prior to or during the marriage. Mr. Farber…