Eberhart v. Rath

The opinion of the court was delivered by

Benson, J.:

Defendant John Rath appeals from a judgment excluding him from any interest in land owned by his wife at the time of her death.

John Rath, a resident of Nebraska, and Katherine Eberhart, a resident of Kansas, entered into an oral agreement in this state in contemplation of marriage that he, in case she died first, should take nothing of her estate; and that she, in case he died first, should, receive $1000 only of his estate. They were married in Kansas and made their home in Nebraska soon after-wards, where they resided for seventeen years,…